The single bench rejected a writ petition seeking parole or interim bail for an undertrial accused under POCSO and IPC, holding the petitioner did not fall within the categories fixed by the State's High Power Committee.
The petitioner's application for parole was rejected; the writ petition was dismissed.
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 bySMITA JOHNSON JOHNSON GONSALVESDate: 2021.12.06 GONSALVES 17:31:39 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2656 OF 2021
Prasad Sitaram Junghare .. Petitioner v/s. The State of Maharashtra .. Respondent
Mr. Pranot Pawar, 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:-
The Petitioner has filed this writ petition with a prayer that under trial accused under all Acts should be considered to be released on parole in light of the Covid-19 pandemic.
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March 2020 giving categorization of those who were seeking bail/parole due to Covid-19 pandemic. After the report was so submitted, the same was challenged in this Court on the ground that certain categories have been wrongly included or excluded. This challenge was negated by the Division Bench of this Court. That order was challenged in the Supreme Court by Special Leave Petition (Criminal) No.4116 of 2020 and the Supreme Court disposed of the SLP confirming the order passed by the Division Bench and observing that as far as categorization is concerned, the same done by respective High Power Committees of the State would hold the field and it was left open to the Competent Court to examine whether there is any discrimination within the same category and similarly placed.
(SARANG V. KOTWAL, J.)
(NITIN JAMDAR, J.)
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1 issue framed by the court
Whether an undertrial accused may be released on parole under the categories reported by the High Power Committee due to the Covid-19 pandemic.
Colour shows how this judgement treated each authority
Special Leave Petition (Criminal) No.4116 of 2020Referred¶19
2 provisions across 2 enactments
Prasad Sitaram Junghare
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
