SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) All these matters are filed to challenge the orders of rejection of the applications given for emergency parole, which is permissible under the Government Notification dated 8 th May 2020. The relief is refused by giving reason that they either had not availed parole or furlough on any occasion in the past or they had availed either parole or furlough only on one occasion but not on two occasions. In the Government Notification dated 8 th May 2020 there is mention that a prisoner ought to have availed either parole or furlough at least on last two occasions and he ought to have returned to jail on his own. This condition is already interpreted by this Court and it is observed that the condition is there to see that prisoner/s will return to jail when the parole period is over. All the petitioners are otherwise eligible for consideration of emergency parole under this notification. They have completed three years of jail term. In view of these circumstances, this Court holds that the orders of rejection passed by the respondents cannot sustain in law.

(3.) In the result, all the petitions are allowed. The orders of rejection of emergency parole made by the respondents are quashed and set aside. The applications, which are filed by the petitioners for emergency parole under the Government Notification dated 8 th May 2020, are hereby allowed. They are to be released on emergency parole on usual terms and conditions within seven days from today.