Vilash S/O. Manik More C-5063 v. The State Of Maharashtra And ANR

{1} CRI.WP 1004 OF 2020 & ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CRIMINAL WRIT PETITION NO.1004 OF 2020 Javed S/o. Rajjak Shaikh Convict No.5273 Age: Major, Occu.: Convict, R/o. Convict of Open Prison Paithan, Through Superintendent, Open Prison Paithan, ..Respondent Advocate for Petitioner : Mr.Rupesh A.Jaiswal APP for Respondent : Mr.M.M.Nerlikar 942 CRIMINAL WRIT PETITION NO.1010 OF 2020 Suleman S/o. Mohiddin Shaikh Convict No.5084, Age: Major, Occu.: Convict, R/o. Convict of Open Prison Paithan Through Superintendent, Open Prison Paithan, ..Respondent Advocate for Petitioner : Mr.Rupesh A. Jaiswal APP for Respondent : Mr.B.V.Virdhe

{2} CRI.WP 1004 OF 2020 & ORS 943 CRIMINAL WRIT PETITION NO.1011 OF 2020 .

Nurul s/o. Shamshul Haque Shah C-5201 Age: Major, Occu.: Nil, R/o. Paithan Open District Prison, Dist.Aurangabad.

At present on leave (Mahatma Kabir Nagar Chakla Sahar Road, Ville Parle, Andheri, Mumbai) APP for Respondents-State : Mr.Y.G.Gujarathi 944 CRIMINAL WRIT PETITION NO.1013 OF 2020 .

Dilip s/o. Digambar Chavan C-5261 Age: Major, Occu.: Nil, R/o. Paithan Open District Prison Dist.Aurangabad.

At Present C-5176 at Post.Otur, Tq.Junner, Pune.

{3} CRI.WP 1004 OF 2020 & ORS APP for Respondents-State : Mr.S.P.Tiwari 945 CRIMINAL WRIT PETITION NO.1014 OF 2020 .

Nurul s/o. Shamshul Haque Shah C-5201 Age: Major, Occu.: Nil, R/o. Paithan Open District Prison, Dist.Aurangabad.

At present on leave (Mahatma Kabir Nagar Chakla Sahar Road, Ville Parle, Andheri, Mumbai) APP for Respondents-State : Mr.Y.G.Gujarathi 946 CRIMINAL WRIT PETITION NO.1015 OF 2020 .

Vilash s/o. Manik More C-5063 Age: Major, Occu.: Nil, R/o. At present Paithan Open Prison, Dist.Aurangabad.

{4} CRI.WP 1004 OF 2020 & ORS APP for Respondents-State : Mr.P.N.Kutti 947 CRIMINAL WRIT PETITION NO.1018 OF 2020 .

Baban s/o. Popat Dangat C-5176 Age: Major, Occu.: Nil, R/o. Paithan Open District Prison, Dist.Aurangabad.

At present C-5176, At Post Otur, Tq.Junner, Pune.

APP for Respondents-State : Mr.R.B.Bagul 948 CRIMINAL WRIT PETITION NO.1019 OF 2020 .

Saeed Ahmad Ismail Shaikh C-5203 Age: Major, Occu.: Nil, R/o. Paithan Open District Prison, Dist.Aurangabad.

At present on leave (Lubini Bag Indira Nagar Zopdpatti Chall No.02, Mumbai.

{5} CRI.WP 1004 OF 2020 & ORS APP for Respondents-State : Mr.B.V.Virdhe 961 CRIMINAL APPLICATION NO.1543 OF 2020 IN WP/652/2020 Muzzammil Hussain S/o. Shabbir Ahmed Convict No.5229, Age: Major, Occu.: Convict, R/o. Convict of Open Prison Paithan ..Applicant Through Superintendent, Open Prison Paithan.

..Respondent Advocate for Applicant : Mr.Rupesh A.Jaiswal APP for Respondent : Mr.Y.G.Gujarathi CORAM : T.V.NALAWADE & M.G.SEWLIKAR, JJ.

DATE: 15th September, 2020 ORAL JUDGMENT:- (Per: T.V.Nalawade J.) 1.

Rule. Rule made returnable forthwith. By consent of both the sides, heard the matter for fnal disposal.

{6} CRI.WP 1004 OF 2020 & ORS 2.

All these matters are fled for the relief of directions to the respondents to extend emergency parole, which is granted to the petitioners under the State Government Notifcation dated 08.05.2020. The period in most of the cases of emergency parole will come to an end tomorrow. It is the contention of the petitioners that the respondents are asking to fle applications for extension of parole.

3.

This Court had occasion to consider the aforesaid Notifcation dated 08.05.2020 for deciding the point involved in the present matter. In Criminal Application No.1524 of 2020 in Writ Petition No.685 of 2020 (Faruk S/o. Mustak Khan Vs. The State of Maharashtra) and other matters, this Court vide its Judgment dated 14.09.2020 has laid down that in view of the wording of the Notifcation dated 08.05.2020, there is automatic extension of emergency parole granted under the said Notifcation. This Court has laid down that till the Notifcation remains in existence as it is, the emergency parole will continue and stand extended automatically and there will be no need to fle an application for extension of emergency parole. It is also laid down that such interpretation is available in cases of the prisoners, who are released on emergency parole by the Jail Authority and also in the cases of the prisoners, who are released

{7} CRI.WP 1004 OF 2020 & ORS on emergency parole under this Notifcation in view of the order of this Court.

4.

In view of said interpretation, this Court holds that the direction as sought by the petitioners needs to be issued to the respondents. Therefore, the following order is passed:-

ORDER

I) All the Criminal Writ Petitions and Criminal Applications are allowed.

II) The emergency parole already granted in favour of the petitioners/applicants stand extended under the Notifcation dated 08.05.2020 and it is not necessary for the petitioners/ applicants to fle application for extension of emergency parole.

III) Rule is made absolute in the aforesaid terms. ( M.G.SEWLIKAR ) ( T.V.NALAWADE ) JUDGE JUDGE SPT