AMJAD SHAIKH KAMEREDDIN MANSURI Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The Petitioner had applied for grant of Covid-19 emergency parole for 45 days in view of the Covid-19 pandemic and the amendment in the Prisons (Bombay Furlough and Parole) Rules, 1959. However, his application was rejected vide order dated 2 nd June, 2021 passed by Respondent No.2 - Superintendent of Jail, Nashik Road Central Prison, District Nashik, on the ground that the petitioner 's mother, who is a co-accused, is absconding since 7th August, 2020. The petitioner is a convict undergoing sentence of life imprisonment. The petitioner has been in jail since 4 years and 9 months.

(3.) Mr.Vagal, learned Counsel appearing for the petitioner, submitted that petitioner was released in the past once from 28.5.2020 to 13th July, 2020 and he had returned to the jail in time. He submitted that if the co-accused is absconding, it is not the fault of the petitioner. It is, therefore, submitted that the Writ Petition deserves to be allowed.