Nishikant Maroti Nimbalkar v. Jail Superintendent Amravati Central Prison Amravati

30 crwp855.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.855 OF 2021 Nishikant Maroti Nimbalkar Vs. Jail Superintendent Amravati Central Prison, Amravati _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri M.N. Ali, 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 Ali, 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.

30 crwp855.21.odt 4.

Shri M.N. Ali, who is appointed to represent the petitioner through High Court Legal Services SubCommittee, Nagpur is entitled for his professional charges for drafting and arguing this petition and we quantify it at 2,500/-. He submits that he will donate that amount to ₹ High Court Bar Association, Nagpur.

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