AMIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.

(2.) The rejection of the application of the petitioner seeking emergency parole in terms of G.R dated 08.05.2020, thereby amending the provision made in Rule 19 of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 (hereinafter call Rules 1959, for short) on the ground of prevailing pandemic situation in the country, is the subject matter of this petition.

(3.) In order to consider a prisoner to be eligible for release on emergency parole, it is necessary that he fulfills certain conditions mentioned in the amended provision of Rule 19 of Rules, 1959. The relevant condition in the present case is of the prisoner having surrendered before the jail authority on last two occasions on due dates.