KHUNNILAL ARJUN YEDE Vs. DEPUTY INSPECTOR GENERAL

JUDGEMENT

(1.) .1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.

(2.) In order that the prisoner is eligible for release on emergency parole in terms of notification dated 08.05.2020, issued by the State Government, it is necessary that he has surrendered himself on due dates before the jail authority on last two occasions.

(3.) In the present case, the petitioner had surrendered himself out of two occasions, on one occasion, with a delay of 17 days. That was the time when he was released on furlough leave on 13.03.2013. But, on the second occasion, however, the petitioner had surrendered himself on due date, which was the time when he was released on 25.02.2019. The learned counsel for the petitioner relying upon the view taken by this Court in LD-VC/Criminal Writ Petition No. 768/2020, decided on 04.08.2020, submits that this delay being minor should be condoned and the petitioner be considered as eligible for his release on emergency parole in terms of G.R. dated 08.05.2020. She also placed reliance upon the similar view taken at the Principal Seat at Mumbai in the case of Sobha Sitaram Tayade vrs. State of Maharashtra in Criminal WP-ASDB-LD- VC No. 87 of 2020, decided on 28.07.2020.