Haribhau Somnath Handge v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 30 CRIMINAL WRIT PETITION NO.1299 OF 2020 Ram S/o. Baliram Gaikwad, Convict No. 8494, Age Major, Occu. Convict, R/o. At present confined at Central Prison Aurangabad.
Through Superintendent, Central Prison, Aurangabad.
Respondent Advocate for Petitioner : Mr. Rupesh A. Jaiswal APP for Respondent - State : Mr. R. D. Sanap 34 CRIMINAL WRIT PETITION NO.1371 OF 2020 Haribhau Somnath Handge, C-67, R/o. Aurangabad Open Prison, Aurangabad, State of Maharashtra, Mantralay, Mumbai.
APP for Respondents - State : Mr. K. S. Patil 35 CRIMINAL WRIT PETITION NO.1373 OF 2020 Maroti Vithal Honrao, C-8805, R/o. Harsul Prison, Aurangabad,
APP for Respondents - State : Mr. S. G. Sangale 38 CRIMINAL WRIT PETITION NO.1376 OF 2020 Mahadev Shankar Patekar, C-8435, R/o. Harsul Central Prison, Aurangabad, APP for Respondents - State : Mr. S. G. Sangale 39 CRIMINAL WRIT PETITION NO.1377 OF 2020 Rajeshwar Marotrao Birajdar, C-8663, R/o. Harsul Central Prison, Aurangabad, APP for Respondents - State : Mr. A. V. Deshmukh
40 CRIMINAL WRIT PETITION NO.1378 OF 2020 Balji @ Bababu Baliram Solonke, C-8589, R/o. At present Harsul Prison, Through its Home Department, Mantralaya, Mumbai.
of the Central Prison, Harsool, District Aurangabad.
Advocate for Petitioner : Mrs. Sharda P. Chate APP for Respondents - State : Mr. K. S. Patil 42 CRIMINAL WRIT PETITION NO.1381 OF 2020 Babu Balwant Jire, C-81, R/o. Aurangabad Prison, Aurangabad, APP for Respondents - State : Mr. R. D. Sanap 43 CRIMINAL WRIT PETITION NO. 1383 OF 2020 Rukhmini Yeduba Khetre, C-8227, R/o. Harsul Central Prison, Aurangabad,
APP for Respondents - State : Mr. K. D. Mundhe
CORAM
:
T. V. NALAWADE AND SHRIKANT D. KULKARNI, JJ.
DATE :
23rd NOVEMBER, 2020 JUDGMENT ( Per : T.V. Nalawade, J.) :- Rule. Rule is made returnable forthwith. With consent heard both the sides for final disposal.
All these proceedings are filed for challenging the orders made against the petitioners-prisoners, by which applications for emergency parole filed by them were rejected by the respondent. The emergency parole is permissible under Government Notification dated 08-05-2020 and that notification is issued in view of Pandemic situation created by COVID-2019 virus. In all the matters, the reason is given that these prisoners were not released on either furlough or parole in any occasion in the past or they were released only on one occasion. In Government Notification dated 08-05-2020, there is condition that the prisoner ought to have been released on furlough or parole in the past and on last two occasions he ought to have returned to jail on his own in time. This
condition is interpreted by this Court and it is held that if such eligible prisoner/s had not availed either furlough or parole in the past, that condition cannot come in his/their way to get emergency parole under Government Notification dated 08-05-2020. In view of this interpretation and as these prisoners had completed three years jail term on the relevant date, this Court holds that the relief claimed by them needs to be granted.
3.
In the result, the Criminal Writ Petitions are allowed. The orders made by respondent refusing the emergency parole to the petitioners are quashed and set aside. The applications which were filed for emergency parole by the petitioners are hereby allowed. The respondent is hereby directed to release the petitioners-prisoners on emergency parole in view of Government Notification dated 08-05-2020 subject to usual terms and conditions, within seven days from the date of receipt of this order. Rule is made absolute in above terms. The Criminal Writ Petitions are disposed of accordingly.
Sd./- Sd./- [ SHRIKANT D. KULKARNI ] [ T. V. NALAWADE ] JUDGE JUDGE MTK