Ramnayan Ramsumer Vishwakarma v. Divisional Commissioner Division Amravati Amravati And Another

1 / 2 910-WP 535.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 535 OF 2022 Ramnayan Rasumer Vishwakarma vs.

Divisional Commissioner, Division Amravti and another ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. S. M. Thakare (Appointed) Advocate for petitioner. Ms. Nandita Tripathi, APP for respondents.

CORAM :

MANISH PITALE AND VALMIKI SA MENEZES JJ.

DATE : 12/08/2022 By this petition, the petitioner has challenged order dated 31/12/2021, whereby his application for grant of emergency COVID-19 parole has been rejected.

2.

We are of the opinion that in view of the present circumstances, when the pandemic has receded, there would be no purpose in examining the correctness or otherwise of the impugned order. 3.

Nonetheless the petitioner would be entitled to apply for grant of regular parole, which the respondent No.1 will consider on its own merits. KOLHE

2 / 2 910-WP 535.2022 Accordingly, the petitioner is granted liberty to apply for regular parole under the Prisons (Bombay Furlough and Parole) Rules, 1959. If such an application is made on behalf of the petitioner, the respondent No.1 shall decide the same on merits without being influenced by the impugned order dated 31/12/2021. The respondent No.1 shall decide application within four weeks of the petitioner filing such an application.

4.

Mr. Thakare, was appointed as counsel for the petitioner in the present case. His fees for assisting this Court is fixed at Rs.5000/-, which the Legal Services Sub Committee shall remit within a period of six weeks from today.

JUDGE JUDGE CHANDRAKANT KOLHE 15:48 KOLHE