Mahadeo Gour Vishvas v. State Of Mah. Thr. Secretary Home Dep Mantralaya Mumbai And 3 Others

28 crwp813.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.813 OF 2021 Mahadeo Gour Vishvas 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 Raju Kadu, Advocate for petitioner.

Shri M.K. Pathan, APP for respondent Nos.1 to 4. CORAM : V.M. DESHPANDE AND AMIT BORKAR, JJ.

DATE : 11 th APRIL, 2022.

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

At the outset, learned counsel for the petitioner submits that he is not pressing the prayer clause (b). 3.

His prayer is accepted.

4.

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).

5.

In view of the 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

28 crwp813.21.odt 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. JUDGE JUDGE Wagh Signed By:SURESH RAOSAHEB WAGH Personal Assistant to the Hon'ble Judge