The Court quashed the prison authority's order reducing the petitioner's remission as a penalty for surrendering 12 days late after Covid-19 parole, relying on Supreme Court directions granting a 15-day window for surrender.
Impugned order reducing remission by 12 days quashed; penalty to be erased within four weeks.
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1/2 (15)WP-192-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.192 OF 2024
Rahul Ramchandra Bhabad .. Petitioner
Versus
State of Maharashtra .. Respondent
None for the Petitioner.
Mr.J.P. Yagnik, A.P.P. for the State/Respondent.
CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ DATED : 21st JUNE, 2024
P.C:-
1] In continuation of the order dated 14.06.2024, when the learned APP was asked to obtain necessary instruction, he state that since the Petitioner/Prisoner is now transferred to Paithan Open Prison, he could not obtain necessary instructions.
2] We have perused the order passed by the Deputy Superintendent Nashik Road Central Prison on 11.12.2022, which has prompted the Prisoner to address a communication to the Court by submitting that by reporting to the prison belatedly after 12 days, the Authorities have held that he is liable for breach of guidelines of Covid 19 Leave and therefore he in held liable for prison penalty by reduction of remission by 12 days (1:1).
rajshree
(15)WP-192-2024.odt
3] The Prisoner is perfectly justified in relying upon the direction of the Hon'ble Apex Court in an order passed in Suo motto Writ Petition (Civil) No.1/2020 in Re: Contagion of Covid 19 virus in prisons on 03.06.2022 while dismissing the Interlocutory Applications and SLP, when a direction was issued that 15 days time is granted to the Applicant/Petitioner/Prisoner to surrender before the Prison Authorities in the wake of ebbing of the Covid Pandemic.
There is no reason why the Petitioner/Prisoner should suffer a penalty when he was released on 14.05.2020 on parole on account of Covid, but he surrendered after delay of 12 days.
4] In the wake of 15 days time granted to the prisoners to surrender and since all the prisoners are entitled for equal treatment, we see no reason in implementing the aforesaid impugned order.
For the reasons recorded above, the impugned order is quashed and set aside and necessary steps for erasing the penalty imposed shall be taken by the Respondent/Authority, within a period of four weeks from today.
Let the learned APP communicate the order to the Deputy Superintendent, Nashik Road Central Prison.
Needless to state that, in the wake of the impugned order being set aside, even the order directing forfeiture of his surety shall also not survive.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
rajshree
1 issue framed by the court
Whether the reduction of remission as a penalty for late surrender after Covid-19 parole was justified in light of Supreme Court directions granting 15 days for surrender?
Colour shows how this judgement treated each authority
In Re: Contagion of Covid 19 virus in prisonsRelied on¶15
Suomoto Writ Petition (Civil) No.1/2020 in Re: Contagion of Covid 19 virus in prisons
Rahul Ramchandra Bhabad
State of Maharashtra
Bharati Dangre
Manjusha Deshpande
As recorded by the court registry
2 orders share this CNR
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