SUSHANT VILAS PATHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) By this Petition under Article 226 of the Constitution of India the Petitioner prays for grant of emergency Covid-19 parole in view of the Government of Maharashtra Notifcation dated 08.05.2020. The Petitioner challenges the order dated 19.09.2020 passed by the Respondent No.3 rejecting his request for release on emergency parole leave on the ground that he has been released only once on parole and therefore not entitled to the beneft of the State Government Notifcation dated 08.05.2020 for release on emergency Covid-19 parole. The Petitioner is convicted for the ofence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. The Petitioner has undergone around four years of actual imprisonment. The Petitioner was released on parole once on 26.12.2019 and he has surrendered on time.

(3.) The Petitioner having not fulflled the condition of two releases on furlough and parole for making him eligible to avail the beneft of Notifcation dated 08.05.2020 for emergency Covid-19 parole is the reason for rejection of his application by the Respondent.