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2021 Supreme(Bom) 1077

S.S.SHINDE, MANISH PITALE
Shailesh – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

MANISH PITALE, J. - By this Writ Petition, the Petitioner has challenged the order dated 30/3/2021 passed by Respondent No.4 - Superintendent of Prison, Central Prison, Nashik Road, Nashik, whereby application of the Petitioner for release on emergency covid-19 parole has been rejected.

2. Mr. Choudhari, the learned Counsel for the Petitioner submitted that this is the second round of litigation on the same aspect before this Court. It was pointed out that by earlier order dated 8/3/2021, this Court had partly allowed Criminal Writ Petition No.445 of 2021 and an order rejecting application for grant of emergency covid-19 parole was set aside and the Petitioner was granted an opportunity to apply afresh with a direction to the Respondents to dispose of such fresh application within two weeks.

3. It was submitted that a perusal of the impugned order dated 30/3/2021, would show that the subsequent application of the Petitioner has also been rejected for similar reasons and that therefore, the Writ Petition deserves to be allowed.

4. On the other hand, Mr. Yagnik, the learned APP appearing for the State submitted that the Petitioner had been convicted under Section 376(2) of th

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