FUTERMAL KAPOORJI BORANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard fnally.

(2.) By this petition under Article 226 of the Constitution of India, the petitioner - convict assails the order dated 17 th May, 2021, passed by the Superintendent, Nashik Road Central Prison - respondent no.4, whereby the application of the petitioner for release on emergency parole, in the wake of Covid- 19 Pandemic, in accordance with the Rule 19(1)(c)(ii) of The Prisons (Bombay Furlough and Parole) Rules, 1959 ("the Rules, 1959"), came to be rejected.

(3.) The petition presents second round of litigation. Initially, application of the petitioner for emergency parole was rejected by respondent no.4 by order dated 1st December, 2020. Two grounds were ascribed. First, the petitioner, having been convicted for the offences punishable under Sections 395 and 396 of the Indian Penal Code, 1860 ("the Penal Code"), was not entitled to be released on emergency parole in view of the interdict contained in Rule 4(2) of the Rules, 1959. Second, the petitioner had not returned to prison, on time, when he was released on parole leave, on the previous occasions.