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Bombay High CourtWP/842/2021dismissed

Gajanan Deoraorathod v. State Of Mah. Thr. Secretary Home Dep. Mantralaya Mumbai And 2 Others

2022-04-11Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice Amit B. Borkar2 pages

29 crwp842.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.842 OF 2021 Ganesh Deorao Rathod Vs. State of Maharashtra and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri Ganesh Krishna Iyer, Advocate for petitioner. Ms N.R. Tripathi, APP for respondent Nos.1 to 3. CORAM : V.M. DESHPANDE AND AMIT BORKAR, JJ.

DATE : 11 th APRIL, 2022.

Heard Shri Iyer, learned counsel for the petitioner, who is challenging the order passed by the Authority not granting emergency parole to the petitioner. 2.

The petitioner was convicted by the learned Special Judge for the offence punishable under the provisions of Protection of Children from Sexual Offences Act (POCSO Act).

3.

In view of above, the case of the petitioner squarely covered against him by the authoritative pronouncement of Full Bench of this Court in the case of Pintu Uttam Sonale Vs. State of Maharashtra reported in 2020 (6) Mh.L.J. 627, in which it is held that the prisoners who were convicted for the offence punishable under Special Act are not entitled to be released on emergency parole. Consequently, the writ petition stands dismissed.

29 crwp842.21.odt 4.

Shri Ganesh Krishna Iyer, who is appointed to represent the petitioner through High Court Legal Services Sub-Committee, Nagpur is entitled for his professional charges for drafting and arguing this petition and we quantify it at 2,500/-.

₹ JUDGE JUDGE Wagh Signed By:SURESH RAOSAHEB WAGH Personal Assistant to the Hon'ble Judge