Rahul Dagdu Shirsat v. The Superintendent, Central Prison, Amravati, Dist. Amravati

Judgment CRIWP639.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.

OF Rahul Dagdu Shirsat, Aged about 32 years, (C/5422, Central Prison, Amravati, District Amravati .... APPELLANT // VERSUS // The Superintendent, Central Prison, Amravati, District Amravati.

.... RESPONDENT ___________________________________________________________________ Shri S. D. Chande, Advocate for the petitioner. Smt. N. R. Tripathy, learned A.P.P. for the respondent/State ___________________________________________________________________ CORAM : V. M. DESHPANDE & AMIT B. BORKAR , J J .

DATED :

APRIL 07, 2022 ORAL

JUDGMENT

: (PER:- V. M. Deshpande, J.) 1.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties. 2.

Heard Shri S. D. Chande, learned counsel for the petitioner and Smt. N. R. Tripathy, learned Additional Public Prosecutor for the respondent/State.

Judgment CRIWP639.21.odt 3.

By this petition, the petitioner is challenging the order passed by the respondent authority, whereby the application of the petitioner for releasing him on emergency parole came to be rejected. 4.

The respondent authority has filed reply. In the reply it is stated that apart from other offences, the petitioner is convicted for the offence punishable under Sections 5(k) and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 5.

In that view of the matter, the law laid down by the Full Bench of this Court in Pintu Uttam Sonale .vs. State of Maharashtra, reported in 2020 (6) Mh.L.J. 627 is squarely applicable in this case. 6.

No case is made out for interfering with impugned order. The petition is accordingly rejected. Rule stands discharged. JUDGE JUDGE Diwale PRABHAKARRAO DIWALE 16:58