EKNATH @ SOMNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The first three Criminal Application Nos.1559/2020, 1560/2020 and 1561/2020 are filed by the three applicants/ convicts, who have been convicted and awarded the sentence of life imprisonment for having committed the offence under Section 302 r/w 34 of the Indian Penal Code . They seek emergency parole leave in view of the Covid-19 pandemic, under Rule 19(1)(C) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959. Their Criminal Appeal No.756/2018 has been admitted and is pending final hearing.

(2.) We have perused the impugned orders dated 08.08.2020 passed by the Superintendent of the Aurangabad Central Prison vide which, the applications of these three convicts under Rule 19(1)(C) of the 1959 Rules have been rejected purely on the ground that none of these three convicts had availed of parole/ furlough leave on two occasions prior to making the applications.

(3.) The learned APP has strenuously opposed these three applications and submits that the impugned orders are just, proper and are well reasoned and therefore, no interference is called for.