The Nagpur bench of the Bombay High Court recently granted a 25-day parole to a convict in a Protection of Children from Sexual Offences (Pocso) case, whose house in Panvel was demolished during land acquisition for the Navi Mumbai international airport project. The court observed that authorities repeatedly failed to act on his applications, despite earlier judicial directions.
Court's Observation and Decision
A division bench comprising Justices Urmila Joshi-Phalke and Nivedita Mehta allowed the petition filed by Pradeep Gaikwad, currently lodged in Amravati Central Prison. Gaikwad was convicted in 2020 in a Pocso case registered at Panvel and was initially sentenced to 14 years of rigorous imprisonment, which was later reduced to 10 years by the principal bench of the high court in appeal.
"Considering the history of the petitioner, who was on several occasions required to file applications, which were not considered by the authorities despite directives by this court, and he was forced to run from pillar to post on many occasions, the petition deserves to be allowed," the bench observed.
Background of the Case
According to the petition, the Maharashtra government had acquired the petitioner's house in 2013 for the proposed international airport. Although compensation was allegedly promised, the house shared by the petitioner and his mother was demolished in August 2021 without compensation being paid.
The petitioner sought parole to construct a new house for his family. During the hearing, his counsel I.V. Tambi also informed the court that the petitioner's son was admitted at MGM Medical College and Hospital in Mumbai and required medical attention. Relevant medical certificates and photographs were placed on record.
State's Opposition and Court's Rejection
The state opposed the plea, arguing that the petitioner had already been released on parole earlier and could not repeatedly seek relief. Rejecting the objection, the judges said, "The petitioner and his mother were residing in the house, which was demolished." The court also took note of the medical condition of his son. The bench further recorded that there was "no complaint of misconduct" during the petitioner's earlier parole.
Legal Basis for Parole
Referring to Rule 13 governing regular parole, the court noted that parole may be granted in cases involving serious illness of family members or damage to house and property due to extraordinary circumstances. The court directed prison authorities to release the petitioner on parole for 25 days upon furnishing a personal bond of Rs 25,000 with one surety of the like amount and an undertaking to surrender before the due date.
