DIGAMBAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule maee returnable forthwith. Heare fnally with the consent of the learnee counsel appearing for the parties.

(2.) By this Petition uneer Article 226 of the Constitution of Ineia the Petitioner prays for grant of emergency Covie-19 parole in view of the Government of Maharashtra Notifcation eatee 08.05.2020. The Petitioner challenges the oreer eatee 26.09.2020 passee by the Responeent rejecting his request for release on emergency parole leave on the groune that he has been releasee only once on emergency parole for atteneing marriage ane therefore not entitlee to the beneft of the State Government Notifcation eatee 08.05.2020 for release on emergency Covie-19 parole. The Petitioner is convictee for the offence punishable uneer Section 302 of the Ineian Penal Coee ane sentencee to uneergo imprisonment for life. The Petitioner has uneergone aroune four years of actual imprisonment. The Petitioner was releasee on emergency parole for atteneing marriage once on 22.06.2020 ane he has surreneeree on time i.e. on 29.06.2020.

(3.) The Petitioner having not fulfllee the coneition of two releases on furlough ane parole for making him eligible to avail the beneft of Notifcation eatee 08.05.2020 for emergency Covie-19 parole is the reason for rejection of his application by the Responeent.