Shahnawaz Abdul Kadar Qureshi v. The State Of Maharashtra And ORS

DTG 1-Wp-4620-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4620 OF 2025 Shahnawaz Abdul Kadar Qureshi ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents _______________________________________ Ms. Farhana Shah for Petitioner.

Ms. Prajakta P. Shinde, A.P.P. for Respondent-State. Mr. K. U. Dhaygude, PSI, Mr. K.G. Pawaskar, GPSI, Shivajinagar (HQ) Pune City, present.

Ms. Dnyaneshwari Takale, Prison Constable, Yerwada Central Jail, present. _______________________________________ CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 27th February 2026 P.C. :

1) Record indicates that, by an Order dated 10th December 2025, the Petitioner was directed to be released on parole leave from 11.00 a.m. of 15th December 2025 till 5.00 p.m. of 19th December 2025. 2) Mr. Faisal Shanawaz Qureshi, son of the Petitioner, has filed an Affidavit dated 22nd December 2025. It is stated that, though by the said Order this Court had directed to release the Petitioner at 11.00 a.m. of 15th December 2025, the Petitioner was removed from Yerwada Central Prison at 12.30 p.m. and was actually brought to his residence by the Escort Party at about 8.00 p.m. on the same day. That, the Police from Bandra Police Station 1/3

DTG 1-Wp-4620-2025.doc thereafter harassed the Petitioner and the family members and he was detained for about 2-3 hours on 15th December 2025 at the said Police Station before taking to his home. That, from 15th December 2025 till 19th December 2025, different Police Officers and constables were continuously visiting the house of the Petitioner and he was not able to have some privacy with the family members and/or to discuss about the medical treatment of his ailing wife and sister, the reason for which parole was granted. Though, the Petitioner was directed to be brought back to the jail Authority on or before 5.00 p.m. of 19th December 2025, the Escort Party took the Petitioner at about 10.00 a.m. from his residence for his onward transmission to the Yerwada Cental Prison, Pune.

2.1) There is no denial to the facts stated in the said Affidavit and it is an admitted fact on record. The said Affidavit was tendered across the bar on 22nd December 2025. The said fact is recorded in the Order of even date. Thereafter, in view of the deliberation in the Court, on 24th December 2025, 23rd January 2026, 3rd February 2026, 17th February 2026 and 24th February 2026, the learned APP had sought time to take appropriate instructions from the concerned Authority. Today also an adjournment is sought on the ground that, the Affidavit of the concerned Officer is not ready. 2.2) As per the deliberation in the Court, it was agreed by the jail Authority/ competent Authority to grant two days extension of parole leave to the Petitioner on next occasion. This Court had therefore directed to the 2/3

DTG 1-Wp-4620-2025.doc concerned Authority to place the said fact on record by way of an Affidavit, however it is not filed till today.

3) However at the profuse request of learned APP, stand over to 5th March 2026.

4) To be listed under the caption 'For Directions'. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) 3/3