SAHEBRAO KALURAM BHINTADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of the learned counsels for the parties, heard finally.

(2.) This petition under Article 226 of the Constitution of India assails the order dated 7th May 2021, whereby the prayer of the petitioner to release him on emergency parole, in accordance with Rule 19(1)(C)(ii) of Prisons (Bombay Furlough and Parole) Rules, 1959 ('Rules, 1959'), came to be rejected. The petitioner has also prayed that the exception carved out by the proviso to the said rule which debars the prisoners convicted for serious economic offences or offences under Special Acts like MCOC, PMLA, MPID, NDPS, UAPA etc. from availing the benefit of the said provision be read down to hold that at least the convicts (from the excluded categories), who are 65 years of age and above, are entitled to the benefit of the said rule.

(3.) The petition arises in the backdrop of the following facts :