Ranjit S/O Badri Rai v. State Of Mah. Thr. Its Home Dep. Mantralaya Mumbai-32 And Another

crwp534.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 534 OF 2021 Ranjit s/o Badri Rai, Convict No.C-95, Detained in Open Prison, Gadchiroli.

... PETITIONER ---VERSUS--- 1.The State of Maharashtra, Through its Secretary, Home Department, Mantralaya, Mumbai-32.

2.Superintendent of Open Prison, District Gadchiroli ...RESPONDENTS ------------------------------------------------------------------------------------------- Shri Jintendra K. Maltale, Advocate for (appointed) petitioner. Ms N.R. Tripathi, Additional Public Prosecutor for respondent. ------------------------------------------------------------------------------------------- CORAM :V. M. DESHPANDE AND AMIT BORKAR, JJ.

DATE : 26th APRIL, 2022.

JUDGMENT : (PER - AMIT BORKAR, J.) 1.

Heard.

2.

Rule. Rule made returnable forthwith.

3.

By this writ petition under Articles 226 and 227 of the Constitution of India the petitioner is seeking his release on emergency parole.

crwp534.21.odt 4.

On issuance of notice by this Court the respondent no.2 has filed reply. Paragraph 2 of the reply reads as under: "2. It is submitted that, the present petitioner has applied for grant of emergency parole under the circular dated 08.05.2020 to this answering respondent and same was rejected by the competent authority as the petitioner is not residential in the Maharashtra thereafter the petitioner again applied for grant of emergency parole leave vide application dated 18.08.2021 and same was granted by this answering respondent. As per the said order and released on 18.08.2021. At present the petitioner is availing emergency parole leave."

5.

In view of the statement made in paragraph 2 of the reply, the issue involved in the petition has become academic. Therefore, the petition is disposed of as infructuous. 6.

Shri Jitendra K. Matale, learned counsel being appointed through High Court Legal Services Sub-Committee, is entitled for his professional fees and we quantify at 2,500/- ₹ Rule stands discharged. Pending application(s), if any, stand(s) disposed of.

JUDGE JUDGE Wagh