VIJAY VILASRAO SUTARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is fled for challenging the order made by respondent dated 14.8.2020 by which the application made by the petitioner for getting emergency parole under Government Notifcation dated 8.5.2020 is rejected. Both the sides are heard.

(2.) The respondent has given reason of rejection that the petitioner is convicted for the ofences punishable under the provisions of the Protection of Children From Sexual Ofences (POCSO) Act (sections 6 and 12) and he is also convicted for the ofences punishable under sections 363 and 366 of Indian Penal Code (I.P.C.). The sentence of imprisonment of 10 years is given for these ofences. Reasoning is given that in view of the Rules in respect of the parole and furlough and in view of the exceptions made out in notifcation dated 8.5.2020, he is not entitled to get the emergency parole.

(3.) Though in the order, it is mentioned that there is other reason that he was not released on two occasions in the past on either furlough or parole as provided in the notifcation and due to that reason also, he is not entitled to get emergency parole, that reason need not be considered in detail in the present matter as that point is decided in the past in other matters by this Court. But, this condition needs to be considered from diferent angle.