FIROZ MUSLIM JAMBURA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith with the consent of the learned counsel appearing for the parties and heard.

(2.) By this petition under article 226 of the Constitution of India, the Petitioner prays for quashing and setting aside the order/letter dated 13.07.2020 issued by the Respondent No. 2- Superintendent of Jail Kolhapur Central Prison. The Petitioner has requested for emergency parole in view of the present COVID-19 pandemic. Our attention has been invited to the previous two releases of Petitioner on parole. First was for the period from 4 th June 2013 to 2nd August 2013. There is no dispute that the Petitioner himself surrendered on 4th September 2013, however, there was delay of 32 days in surrendering. The respondents have initiated appropriate action for the delay in surrendering and the same is pending.

(3.) Second release was for the period from 18 th June 2015 to 17th July 2015. The Petitioner surrendered on 16th September 2015. Though the surrender was delayed, pursuant to the petition which he filed in this Court i.e. Criminal Writ Petition No. 1359 of 2016, the parole period of the petitioner was extended with the result there is no delay in surrendering. In this view of the matter, it cannot be said that there is any delay on the part of the Petitioner in surrendering in so far as second release is concerned. Even, the learned APP does not dispute this position.