RUPALI UTTAM KHEDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The Petitioner is a life convict and undergoing his sentence in Yerwada Central Prison, Pune. The Petitioner has undergone more than 7 years in the prison. The Petitioner was arrested in the year 2014 in C.R. No. 259 of 2014 registered with Kalbhor Police Station for the offences punishable under Section 302 of IPC. The Petitioner was convicted in Sessions Case No. 734 of 2014 by the Sessions Court, Pune, vide order dated 17th May, 2019 for the offence punishable under Section 302 of IPC and sentenced to suffer rigorous imprisonment for life and fne of Rs. 10,000/-.

(3.) Learned counsel for the petitioner submitted that due to the pandemic situation, as the notifcation was issued by the State Government to decongest the jails, prisoiners to be released on emergency parole, so as to minimize the spread of Covid-19 virus, the petitioner applied for emergency parole. However, Respondent No. 2 rejected the application of the petitioner vide order dated 25th February, 2021, on the ground that the petitioner has not been released on furlough/parole in the past. Being aggrieved by the said order passed by 2nd respondent, the petitioner fled Writ Petition No. 1801 of 2021 before this Court. Division Bench (Coram:- S.S. Shinde and Manish Pitale, JJ.), vide order dated 4th May, 2021, quashed the order passed by the 2nd respondent and granted liberty to the petitioner to fle a fresh application before Respondent No. 2 and further observed that application fled by the petitioner shall not be rejected on the same grounds which were mentioned in the impugned order.