POPAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of both the sides, heard finally at admission stage.

(2.) The petitioner is challenging the impugned order dtd. 6/4/2021 passed by respondent no.1/D.I.G. (Prisons), Aurangabad thereby rejecting his prayer to release him on emergency parole leave.

(3.) The petitioner is a convict and undergoing sentence of life imprisonment. In the background of COVID-19 Pandemic, the petitioner has applied for emergency parole leave in view of the Government notification dtd. 8/5/2020, issued by the Government of Maharashtra thereby amending the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 by incorporating "Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2020". The jail authority was pleased to turn down the prayer of emergency parole made by the petitioner on the ground that the petitioner has surrendered late by 5437 days on his previous release; secondly, he was absconding for 14 to 15 years when he was earlier released on furlough leave and thirdly, adverse police report. By looking to the conduct of the petitioner, the jail authority apprehended the repetition of same episode, if released on emergency parole and rejected his application by impugned order dtd. 6/4/2021.