RAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With consent heard both the sides for final disposal.

(2.) All these proceedings are filed for challenging the orders made against the petitioners-prisoners, by which applications for emergency parole filed by them were rejected by the respondent.

(3.) The emergency parole is permissible under Government Notification dated 08-05-2020 and that notification is issued in view of Pandemic situation created by COVID-2019 virus. In all the matters, the reason is given that these prisoners were not released on either furlough or parole in any occasion in the past or they were released only on one occasion. In Government Notification dated 08-05-2020, there is condition that the prisoner ought to have been released on furlough or parole in the past and on last two occasions he ought to have returned to jail on his own in time. This condition is interpreted by this Court and it is held that if such eligible prisoner/s had not availed either furlough or parole in the past, that condition cannot come in his/their way to get emergency parole under Government Notification dated 08-05-2020. In view of this interpretation and as these prisoners had completed three years jail term on the relevant date, this Court holds that the relief claimed by them needs to be granted. 3. In the result, the Criminal Writ Petitions are allowed.