NARESH RAJARAM OVHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition is filed for the following reliefs :-

(2.) The learned counsel appearing for the Petitioner invites our attention to the impugned order dated 19/09/2020 passed by the Superintendent of Nashik Road Central Prison, Nashik, and submits that the Petitioner's application has been rejected by the said jail authority relying upon the Government Notification dated 08/05/2020 that the convicts, who have been convicted for the offences which are punishable for more than 7 years and released twice on parole and such convicts reported back in time on such release, are entitled for emergency parole. However, the jail authority rejected the application of the Petitioner on the ground that in the present case, the Petitioner was released only once on parole in past, and therefore, in view of the notification dated 08/05/2020, the Petitioner is not entitled to be released on emergency parole.

(3.) The learned counsel appearing for the Petitioner pressed into service unreported judgment dated 07th September 2020 passed by the Division Bench at Aurangabad of this Court in Criminal Writ Petition No.810 of 2020 in the case of Sanjay s/o. Virendrakuar Agrawal v/s. The State of Maharashtra and ors. (Coram : T.V.Nalawade and M.G.Sewlikar, JJ), and submitted that in the identical facts situation, this Court has taken a view that though the convict has been released only once on parole in past and reported back in time, he is entitled for emergency parole, and on the said ground the prayer for releasing the convict on emergency parole cannot be rejected. The learned counsel appearing for the Petitioner therefore submits that the present Petition deserves to be allowed.