This court rejected a writ petition seeking COVID-19 emergency parole for a life convict. The court held that despite prison overcrowding, the convict's history of illegal overstays and membership in a gang posed a danger to society and a risk of absconding.
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.
WP-3008-2021(J).doc
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/8 BHAGYAWANT BHAGYAWANT TATYARAO TATYARAO PUNDE PUNDE Date: 2021.09.18 11:26:49
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3008 OF 2021
Rajkumari w/o Sherbahadur Giri (Petitioner Son Anil S/o Sherbahadur Giri Convict No. 5586 confned at Central Jail Kalamba, Kolhapur) Age- 59 Years, Occ- Housewife, R/o: Room No. 11, Near Hanuman Mandir, Taksshila Society, Malad East, Mumbai. ... PETITIONER
Versus
The State of Maharashtra Through Superintendent Central Prison, Kalamba, Kolhapur. ... RESPONDENT
Mr. Rupesh Jaiswal for Petitioner. Mr. K.V. Saste, APP for State.
CORAM : S. S. SHINDE & N. J. JAMADAR, JJ.
RESERVED ON : 13th SEPTEMBER, 2021. PRONOUNCED ON: 17th SEPTEMBER, 2021.
JUDGMENT: [PER S. S. SHINDE, J.]
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conditions imposed upon him.
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minutes of meeting of the said committee,Government Notifcation dated 08.05.2020 was passed, whereby amendment to the Bombay Furlough and Parole Amendment Rules, 2020 has been made by the Government Notifcation dated 08.05.2020. It is further submitted that the convict was released on parole on 12.09.2014 and he surrendered late by around 300 days for the reason that his father was suffering from stage four lung cancer, and except his son (convict) there was nobody to look after him and his hospitalization, and during that time the father of the convict had died and thus he surrendered late for that reason only. But, during the said period the convict has not committed any offence. The name of the convict is removed from the remission register for his illegal overstay outside the prison and from more than six years the convict was not released on furlough/parole, which was not considered by the respondent while passing the impugned order.
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submission learned counsel for the petitioner placed reliance upon judgments in the cases of Sobha Tayade Vs. State of Maharashtra1 , Navnath Bhosale Vs. State of Maharashtra2 and Aquino Vs. State of Maharashtra3 . It is submitted by the learned counsel for the petitioner that presently there are 49 covid positive inmates in Kalamba Jail and earlier also more than 100 inmates were affected by the Covid-19 virus. The maximum capacity of said prison to accommodate the inmates is 30 inmates, but due to over crowding only 70-80 inmates are kept, and therefore, there is no question of social distancing. The convict had also suffered from Covid-19 virus during the period from 30.08.2020 till 12.09.2020.
1 Cri. WP-ASDB-LDVC No. 87/2020
2 Criminal Writ Petition No. 758/2020
3 Criminal Writ Petition No. 759/2020.
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Covid-19 emergency parole.
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with ‘Gawli Gang’ and it may not be safe to release the convict. Learned APP pressed into service Sub Rule 11 Rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959. It is submitted that when the convict was earlier released on furlough/parole, he did not report back to the jail authority and illegally overstayed for more than 300 days, and therefore, it may not be proper to release the convict on Covid-19 emergency parole.
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His name has been removed form the remission register as it is apparent from the report submitted by the respondent. In the said report it is also mentioned that the convict is a member of ‘Gawli Gang’ and his release may cause danger to the society.
*[4. Eligibility for furloughAll Indian prisoners except from following categories whose annual conduct reports are good shall be eligible for furlough-
(1) xxxx (2) xxxx (3) xxxx (11) Prisoners whose presence is considered dangerous or otherwise prejudicial to public peace and order by the District magistrate and Superintendent of Police;
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virus. Therefore, we are of the considered view that in case the convict is released on Covid-19 emergency parole there is every likelihood of him absconding and he may not be available to undergo his remaining sentence. His release may cause danger to the safety of the society as it is evident from the report submitted by respondent-authority.
( N. J. JAMADAR, J.) (S. S. SHINDE, J.)
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2 issues framed by the court
Whether a convict with a history of late surrender and alleged gang association should be granted COVID-19 emergency parole.
Whether the concerns of public safety and risk of absconding outweigh the need to reduce prison overcrowding during the pandemic.
Colour shows how this judgement treated each authority
Sobha Tayade Vs. State of MaharashtraReferred¶28
Sobha Tayade Vs. State of Maharashtra
Navnath Bhosale Vs. State of MaharashtraReferred¶28
Navnath Bhosale Vs. State of Maharashtra
Aquino Vs. State of MaharashtraReferred¶28
Aquino Vs. State of Maharashtra
1 provisions across 1 enactments
Rajkumari w/o Sherbahadur Giri
The State of Maharashtra through Superintendent Central Prison, Kalamba
S. S. Shinde
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
