ANWAR ABDUL AZIZ PATHAN 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.) The petitioner, who is undergoing sentence for the offences punishable under sections 302, 452, 143, 147 to 149 and 506(2) of the Indian Penal Code, 1860 ('the Penal Code') and section 3 read with section 25 of the Indian Arms Act, 1959 at Central Prison, Kolhapur, Kamba, assails the legality and correctness of the intimation letter, dated 17th February 2021, whereby the petitioner was directed to surrender to prison revoking the order dated 5 th June 2020 releasing the petitioner on emergency Covid 19 Parole in accordance with the provisions contained in Rule 19(1)(C)(ii) of the Prisons (Bombay Furlough and Parole) Rules, 1959 ('the Rules, 1959').

(3.) Shorn of superfluities, the background facts leading to this petition can be stated as under : By a judgment and order dated 16th August 2011, in Sessions Case No. 46 of 2003, the petitioner came to be convicted for the offences punishable under sections 302, 452, 143, 147 to 149 and 506(2) of the the Penal Code and section 3 read with section 25 of the Indian Arms Act, 1959 and sentenced to suffer imprisonment for life for the major offence. In the wake of Covid-19 Pandemic, the petitioner was ordered to be released on emergency parole by order dated 5th June 2020 initially for a period of 45 days.