SHAIKH MUKTAR GAFUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. By consent heard both the sides for fnal disposal.

(2.) The proceeding is fled to challenge the order made by respondent No.2 on 26-12-2019. By the impugned order, the respondents have rejected the application made by the present petitioner, prisoner for grant of emergency parole leave of 7 days. He has already availed parole for the purpose of marriage of his daughter. Copy of the order is on record and it shows that he was released on 9-6-2019 on parole for attending the marriage of his daughter and he returned to jail in time. The authority has rejected the present application as in Rule 19(2) Prisons Rules 1959 it is provided as under:

(3.) Learned counsel for the petitioner placed reliance on the decision given by this Court at Nagpur Seat in Criminal Writ Petition No.1046/2018 (Kantilal Jaiswal v. Divisional Commissioner, Nagpur Division Nagpur and Others). The Full Bench of this Court considered two points which are as follows :