DEEPAK DHONDIBA DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard fnally with the consent of learned counsel appearing for the parties.

(2.) The petitioner is a life convict and undergoing sentence in Yerwada Open Prison for the ofence punishable under Section 302 of the Indian Penal Code (' IPC ' for short). The petitioner is in jail for more than 10 years. The petitioner made a request for grant of emergency Covid-19 parole in terms of the State Government Notifcation dated 8/5/2020. The said request made by the petitioner is rejected on the ground that he does not fulfll the condition of last two releases and returning to prison on time.

(3.) The issue raised in the present Writ Petition is no more res integra. The Aurangabad Bench of this Court in the case of Kavita w/ o. Dilip Baviskar vs. The State of Maharashtra Criminal Writ Petition No.571/2020 had an occasion to consider the question of entitlement of a convict released on emergency Covid-19 parole even if he did not fulfll the condition of last two releases and his reporting to the prison in time. Paragraphs 4, 5 and 6 are the relevant paragraphs which read thus :