LAWS(BOM)-2020-10-268

SAMADHAN Vs. STATE OF MAHARASHTRA

Decided On October 27, 2020
Samadhan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) All these Criminal Writ Petitions are directed against the orders passed by the respective Jail Superintendents of the Harsool Jail at Aurangabad and Nashik Road Central Jail at Nashik.

(2.) We have taken up all these petitions together for adjudication, solely for the reason that, in all these petitions, the impugned orders rejecting the applications of these petitioners for emergency parole under Rule 19 (1)(C) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 (hereinafter referred to as "1959 Rules"), are based on a solitary ground that none of these petitioners have availed of Furlough or Parole leave on two occasions. The State of Maharashtra has introduced a Circular dated 08-05-2020 in view of the recommendations of the High Power Committee and this led to the introduction of Rule 19(1)(C) in the 1959 Rules.

(3.) We have heard the learned Advocates for the petitioners and the learned APP on behalf of the respondent authorities. The Jail Authorities from the Harsool Jail, Aurangabad are present in the Court.