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2022 DIGILAW 2342 (BOM)

Shrikant John Mane v. Superintendent

2022-11-02

BHARAT P.DESHPANDE

body2022
JUDGMENT BHARAT P.DESHPANDE, J. - By the present petition, the petitioner is seeking following reliefs as mentioned in prayer clauses (a) to (d): a) That this Hon. Court may be pleased to quash and set aside the impugned decision contained in the Note No. CJC/Parole/C.P.No.253/ 16/2022/2695 dtd. 23/09/2022 of Respondent No. 1, rejecting the Application dtd. 19/09/2022 of the Petitioner, seeking the release of his release on parole, as prayed for in the said Application dtd. 19/09/2022, with all legal consequences and effects, and to direct that the Application dtd. 19/09/2022 of the Petitioner, seeking his release on parole, stands granted; b) That this Hon. Court may be pleased to call for and all relevant records of the Respondents, that relate to Application dtd. 19/09/2022 of the Petitioner, seeking his release on parole; c) For costs; and, d) For such other and/or further order and/or relief, that this Hon. Court may deem fit and proper in the facts and circumstances of the case and in the Interest of justice. 2. The petitioner applied for grant of parole vide his application dtd. 19/9/2022 wherein he prayed for parole of 30 days on account of marriage of his son which is scheduled on 19/11/2022. Vide impugned order dtd. 23/9/2022, the Superintendent of Central Jail, Colvale rejected such application by citing Rule 1204(5) of the Goa Prisons Rules, 2021. The order discloses that the eligibility criteria of minimum 6 months ought to have elapsed from the date of surrender on the conclusion of previous parole availed. 3. Learned counsel Shri Menezes pointed out that the petitioner surrendered on 11/7/2022 after availing such parole. However, he submits that Rule 1204(5) also provides for relaxing of period of 6 months in case of regular parole on emergency basis, which has not been considered by the concerned Authority. 4. Learned Additional Public Prosecutor, Shri Faldessai pointed out that for grant of emergency parole, Rule 1196 of the Goa Prisons Rules, 2021 applies and the application dtd. 19/9/2022 is not for emergency parole. 5. The learned Additional Public Prosecutor then pointed out that the concerned Authority could consider such application for grant of emergency parole under Rule 1196 of the Goa Prisons Rules, 2021, if directed. 6. The petitioner has placed on record a wedding card at page 21, Annexure B which shows that the son of the petitioner is getting married on 19/11/2022. 7. 6. The petitioner has placed on record a wedding card at page 21, Annexure B which shows that the son of the petitioner is getting married on 19/11/2022. 7. Considering the above fact, the impugned order could be set aside with directions to the concerned Authority to consider the application dtd. 19/9/2022 either under Rule 1196 or any other applicable provisions under Goa Prison Rules, 2021, sympathetically to allow the petitioner to attend the marriage ceremony of his son scheduled on 19/11/2022. 8. The petition could be disposed of by setting aside the impugned order dtd. 23/9/2022 and remand the matter to the concerned Authority to re-consider the application dtd. 19/9/2022 as discussed earlier and to pass necessary orders within one week. 9. In view of the above, the impugned order dtd. 23/9/2022 is set aside. The concerned Authority, i.e. respondent No.1 is directed to re-consider application dtd. 19/9/2022 either under Rule 1196 or under any other provision under the Goa Prisons Rules, 2021, applicable to the facts and circumstances mentioned in the application and to pass necessary orders within one week and to communicate it to the petitioner. 10. With these observations, the petition stands disposed of. 11. Authenticated copy of this order shall be supplied to the parties and the parties shall act upon it, accordingly.