This criminal writ petition filed by a POCSO convict sought emergency parole due to the Covid-19 pandemic. The Court rejected the plea, relying on established precedent that such relief is barred for POCSO convictions under the applicable prison rules.
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.
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JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2944 OF 2021
Babising Bakshisingh @ Lucky @ Mohammed Samir Fidabaksh
… Petitioner
V/s.
The State of Maharashtra
... Respondent
Mr. Veerdhawal Deshmukh, Advocate appointed through Legal Aid for the Petitioner
Ms. A.S. Pai, P.P. for the Respondent - State
CORAM : NITIN JAMDAR & SARANG V. KOTWAL, JJ.
DATE : 18 NOVEMBER 2021
P.C. :-
The Petitioner prays to be released on Emergency (Covid-19) Parole. The Petitioner is convicted under the provisions of the Protection of Children from Sexual Offences Act, 2012.
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Clause 19(1)(C)(ii) as interpreted by the Full Bench of this Court in the case of Pintu s/o. Juttam Sonale vs. State of Maharashtra1 holding that emergency parole is not available to the persons convicted under the provisions of the POCSO Act.
SARANG V. KOTWAL, J.
NITIN JAMDAR, J.
Digitally signed JYOTI by JYOTI PRAKASH PRAKASH PAWAR PAWAR Date: 2021.11.25 11:49:19 +0530
1 Cri.W.P.(St.) No.3206 of 2020 dtd. 6.11.2020(Bombay)
1 issue framed by the court
Whether a convicts under the POCSO Act is entitled to emergency parole under Rule 19(1)(C) of the Maharashtra Prisons Rules.
Colour shows how this judgement treated each authority
Pintu s/o. Juttam Sonale vs. State of Maharashtra (Cri.W.P.(St.) No.3206 of 2020 dtd. 6.11.2020)Relied on¶2
1 provisions across 1 enactments
Babising Bakshisingh @ Lucky @ Mohammed Samir Fidabaksh
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
