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Bombay High CourtWP/1/2022allowed

Yogesh Pandurang Kupekar v. State Of Mah. Thr. Superintendent Of Jail Central Jail Nagpur And Another

2022-01-04Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice G. A. Sanap2 pages

1 12-wp-1-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.

Yogesh Pandurang Kupekar, Aged about 48 yeas, Occ : Nil, (C/10251, Presently in Central Prison, Nagpur) : PETITIONER VS.

1. State of Maharashtra, Through Superintendent of Jail, Central Jail, Nagpur : RESPONDENTS

2. Divisional Commissioner, Nagpur Division, Nagpur Mr. Raju Kadu, Advocate for the petitioner Mr. M.K. Pathan, APP for the respondents

CORAM:

V.M. DESHPANDE AND G.A. SANAP, JJ.

DATE :

4th JANUARY 2022 ORAL

JUDGMENT

: (Per : V.M.DESHPANDE, J.) 1.

Though this Writ Petition is coming up for the first time, in view of the statement made by Shri Raju Kadu, learned counsel for the petitioner that the petitioner is restricting his claim only in respect of prayer clause (i), Rule. Rule is made returnable forthwith. Heard finally.

2.

The prayer clause (i) in the Writ Petition is as under :

2 12-wp-1-2022.odt "(i) Direct to the respondent authority to decide the applications dated 1.11.2021, 10.11.2021 and 05.12.2021 (Annexure-C) for grant of emergency Covid-19 Parole Leave for the 45 days".

3.

Admittedly, the applications for emergency Covid-19 parole dated 01.11.2021, 10.11.2021 and 05.12.2021 are still not decided and are pending is the submission made by the learned counsel for the petitioner.

4.

In view of the prevailing situation of Covid, it is expected from the Authority to decide the application for grant of emergency Covid-19 parole as expeditiously as possible. 5.

In that view of the matter, the Authority before whom applications dated 01.11.2021, 10.11.2021 and 05.12.2021 are pending shall decide the same within a period of eight days from the receipt of this order.

6.

With this, the Writ Petition is allowed and disposed of. Rule is made absolute in above terms.

JUDGE JUDGE P DESHPANDE 18:40 MP Deshpande