LAWS(BOM)-2020-9-55

BALAJI Vs. STATE OF MAHARASHTRA

Decided On September 07, 2020
BALAJI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This matter was heard for sometime.

(2.) The learned Advocate for the appellant relied upon a recent order passed by us in Criminal Appeal No.361 of 2020 - Sumit Kishor Shastri (Joshi) Vs. The State of Maharashtra, dated 3.9.2020, wherein, we have noted the decision of the High Power Committee of granting liberty to the under trial prisoners to apply for emergency parole under Rule 19(1)(C) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959. Shri Deshmukh, the learned Advocate for the appellant, therefore, submits on instructions that the appellant seeks liberty to withdraw this appeal so as to file an application under Rule 19(1)(C) of the said Rules before the Superintendent of Prisons, where the appellant is presently lodged.

(3.) We had observed in the order passed in Criminal Appeal No.361 of 2020 (supra) as under:-