Petitioner challenged the rejection of an application for Emergency Parole under Rule 19(1)(C) of the Maharashtra Prisons Rules, 1959. The Court held that the Petitioner is ineligible due to the statutory exclusion for NDPS offences under Rule 19(1)(C)(ii) and dismissed the petition.
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: 2021.12.23 GONSALVES 11:01:38 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2483 OF 2021
Sushant Sambhaji Rasal .. Petitioner v/s. The State of Maharashtra .. Respondent
Mr. Madan J. Gupta, for the Petitioner.
Mr. J.P. Yagnik, APP, for Respondent State.
CORAM: NITIN JAMDAR & SARANG V. KOTWAL JJ.
DATE : 10 DECEMBER 2021.
P.C:-
This Petition is filed challenging the rejection of the Petitioner’s application seeking Emergency (Covid-19) Parole and for a direction that the Petitioner should be released on Emergency Parole under Rule 19(1)(C) of the Maharashtra Prisons (Mumbai Furlough and Parole Rules, 1959 (as amended).
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(SARANG V. KOTWAL, J.)
(NITIN JAMDAR, J.)
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3 issues framed by the court
Whether a fugitive offender is eligible for emergency parole under Rule 19(1)(C) of the Maharashtra Prisons (Mumbai Furlough and Parole Rules, 1959 when convicted under the NDPS Act.
Whether the statutory bar in Rule 19(1)(C)(ii) prevents granting parole for offences punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Whether the Petitioner's application for Emergency Parole should be allowed given the exclusions in the Maharashtra Prisons Rules.
3 provisions across 2 enactments
Sushant Sambhaji Rasal
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
