Raju Paulas Pakhare vs. The State Of Maharashtra

Order - Status 4: Vishwanath S. Sherla Digitally signed by Vishwanath S. Sherla Date: 2021.01.25 17:06:01 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.194 OF 2021 Raju Paulas Pakhare … Petitioner Vs The State of Maharashtra & another … Respondents Mr.Aniket Vagal for the Petitioner Ms.A.S. Pai, Mr.J.P. Yagnik, Ms.S.D. Shinde, Mr.K.V. Saste, Additional Public Prosecutors for Respondent – State CORAM: S.S. SHINDE & MANISH PITALE, JJ. DATED: JANUARY 25, 2021 P.C.: 1. Heard learned counsel appearing for the Petitioner. 2. Issue notice to the Respondents, returnable on 4 th February, 2021. 3. In addition to service of notice through Court, the Petitioner shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery or by e-mail/fax on the Respondents and shall file affidavit of service with tangible proof before the returnable date**.** 4. The learned APP waives service of notice on behalf of Respondent – State. (MANISH PITALE, J.) (S.S. SHINDE, J.)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Appearances of the Advocates as per Board dated 04/02/2021. … CORAM: S.S. SHINDE & MANISH PITALE, JJ. DATED : 04TH FEBRUARY, 2021. P.C:- Matters from Sr. Nos.68 to 135 of the Board stands discharged. Following dates are assigned to the said matters: Sr. Nos. Due Date 68 to 75 09-02-2021 76 to 78, 81 and 83 to 84 10-02-2021 85 to 99 and 115 11-02-2021 100 to 105 15-02-2021 107 to 114 16-02-2021 117 to 130 17-02-2021 131 to 133 and 135 18-02-2021 79 08/02/2021 Ad-interim interim reliefs, if any, to continue till then. (MANISH PITALE, J.) (S.S. SHINDE, J.)

Order - Status 9: Vishwanath S. Sherla Digitally signed by Vishwanath S. Sherla Date: 2021.02.16 19:51:33 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.194 OF 2021 Raju Paulas Pakhare … Petitioner Vs. State of Maharashtra & another … Respondents Mr.Aniket Vagal for the Petitioner Mr.Deepak Thakare, Public Prosecutor, for Respondent – State CORAM: S.S. SHINDE & MANISH PITALE, JJ. JUDGMENT RESERVED ON: FEBRUARY 11, 2021 JUDGMENT DELIVERED ON: FEBRUARY 16, 2021 JUDGMENT (PER S.S. SHINDE, J.): 1. Rule. Rule made returnable forthwith with the consent of the learned Counsel appearing for the parties and heard finally. 2. The Petitioner had applied for grant of emergency Covid-19 parole for 45 days in view of the Covid-19 pandemic and the amendment in the Prisons (Bombay Furlough and Parole) Rules, 1959. However, his application was rejected vide order dated 19th May, 2020 passed by Respondent No.2 – Superintendent of Jail, Yerwada Open District Prison, on the ground that the petitioner, in the past, during his stay in the jail, had availed of parole / fulough leave twice, however, reported to the prison late. The petitioner is a convict undergoing sentence of life imprisonment. The petitioner has been in jail since last 10 years. 3. Mr.Vagal, learned Counsel appearing for the petitioner, relied upon the judgments of this Court in Kalyan s/o. Bansidharrao Renge vs. The State of Maharashtra & another (Criminal Writ Petition No.ASDB-LDVC-265 of 2020) and Uzair @ Hujer s/o. Rafiq Shaikh vs. The State of Maharashtra & Others (Criminal Writ Petition No.2989 of 2020) to contend that the ground stated in the impugned order was wholly unsustainable. It was, therefore, submitted that the Writ Petition deserves to be allowed. 4. On the other hand, the learned Public Prosecutor appearing for the State, opposed the petition for grant of emergency Covid-19 parole. It was submitted that the petitioner had reported late on both the occasions when he was released on parole/furlough. Now the situation in the Yerwada Open District Prison, Pune, has changed substantially. It was submitted that the number of inmates in the said prison are less than the capacity. It was submitted that there is no crowd in the jail and that the authorities have sufficient infrastructure now to immediately take care of any inmate or staff, who may suffer from Covid-19 virus. 5. We have perused the record forwarded by the respondents to the office of the Public Prosecutor of this Court. The petitioner was released twice in the past on parole/furlough, however, he had reported to the prison late. The facts and figures stated therein indicate that in pursuance of release of number of inmates due to Covid-19 pandemic, now the situation in the Yerwada Open District Prison, Pune, has changed substantially. There can be no doubt about the fact that the petitioner is justified in relying upon the aforesaid judgments of this Court to claim that the reason assigned in the impugned order is unsustainable. 6. At the same time, the fact situation on ground as on today, cannot be ignored and, therefore, there is substance in the contention raised on behalf of the learned APP that the request of the petitioner for grant of emergency Covid-19 parole needs to be considered afresh. 7. In that view of the matter, the Writ Petition is partly allowed. The impugned order is quashed and set aside. The petitioner is granted liberty to apply afresh for grant of emergency Covid-19 parole within one week from today. Upon filing such an application, the respondent No.2 shall decide the same on its own merits, as expeditiously as possible, however, within two weeks from the date of such filing of the application in accordance with the Prisons (Bombay Furlough and Parole) Rules, 1959 and keeping in view the factors like the extent of spread of Covid-19 virus and conditions in jail. 8. Rule is partly made absolute to the above extent. The Writ Petition stands disposed of accordingly. (MANISH PITALE, J.) (S.S. SHINDE, J.)