This criminal writ petition challenges the refusal of emergency parole to the petitioner on Covid-19 grounds. The Court held that with the restoration of normalcy and withdrawal of specific government guidelines, the ground no longer exists for parole consideration.
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Judgment
1 941.Cri.W.P184.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 184 OF 2022
Shri Rakesh Manohar Kamble, Aged about 53 years, Occu. - Nil, C/8141, (Presently in Central Prison Nagpur). …. PETITIONER
// VERSUS //
CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.
DATED : 29.06 .2022
ORAL JUDGMENT : (Per Sunil B. Shukre, J.)
by consent of the learned counsel appearing for the parties.
on the ground of renaissance Covid-19 Pandemic. However, now there
is a great change in the situation, in the sense that near normalcy has
Judgment
2 941.Cri.W.P184.2022.odt
been restored and, therefore, it may not be now possible to consider the application for grant of parole on this ground. In fact, as rightly submitted by the learned Additional Public Prosecutor, the Apex Court has already taken a stricter view of a prisoner, who has been released on parole on the ground of Covid-19 pandemic when it directed, in it’s order dated 29.04.2022 passed in Writ Petition (Civil) No.1067 of 2021 , the prisoners to report back to the prison within two weeks from the date of the order. The Apex Court noted that parole granted to the prisoners could not be extended any further. Besides, the additional ground of Covid-19 that was available to the prisoners to seek parole has now been withdrawn by the Government Resolution dated 04.05.2022.
(G.A. SANAP, J.) (SUNIL B. SHUKRE, J.)
Digitally Signed By:KIRTAK BHIMRAO JANARDHAN Signing Date:30.06.2022 16:13 Kirtak
1 issue framed by the court
Whether the petitioner is entitled to release on emergency parole on the ground of the Covid-19 pandemic when normalcy has been restored and government guidelines withdrawn.
Shri Rakesh Manohar Kamble
State of Maharashtra
Sunil B. Shukre
G.A. Sanap
As recorded by the court registry
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