Petitioner sought emergency parole under Covid-19 guidelines. The petition was rejected because the petitioner had absconded parole and was arrested after 3478 days. The Court held this to be an arbitrary exercise of discretion against granting parole.
Petitioner's request for Emergency (Covid-19) Parole was rejected and no relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SMITA Digitally signed by SMITA JOHNSON JOHNSON GONSALVESDate: 2021.12.06 GONSALVES 17:31:31 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2262 OF 2021
Tanaji Dharmraj Patil .. Petitioner v/s. The State of Maharashtra & Anr. .. Respondents
Ms. Gauri Velankar, Advocate appointed through Legal Aid, for the Petitioner.
Mrs. S.D. Shinde, APP, for Respondent State.
CORAM: NITIN JAMDAR & SARANG V. KOTWAL JJ.
DATE : 3 DECEMBER 2021.
P.C:-
By this petition, the Petitioner is seeking Emergency (Covid-19) Parole, which is rejected by the impugned order dated 8 May 2020. During the pendency of the petition, another order was passed on 20 October 2021, rejecting the prayer of the Petitioner to be released on Emergency Parole.
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of the Maharashtra State (Home Department) Gazette Notification dated 16 April 2018. Considering that the Petitioner, when released on parole did not report for almost nine years, the opinion of the Respondent Authority that if the Petitioner is granted Emergency Parole is likely to abscond and not available cannot be considered as unfounded. It is an arbitrary exercise of the discretion vested not to grant the Emergency (Covid-19) Parole.
4. Writ petition is, accordingly, rejected.
(SARANG V. KOTWAL, J.)
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1 issue framed by the court
Whether the High Court should grant emergency (Covid-19) parole to a convicted person who absconded and was arrested after nearly nine years of parole.
1 provisions across 1 enactments
Tanaji Dharmraj Patil
The State of Maharashtra
Nitin Jamdar
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
