MANJULABAI KISNA GULABE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these three criminal writ petitions have been sent through jail and in all these three petitions, the petitioners are seeking parole for a period of 4 weeks in order to attend the marriage of Miss Savitri who is the daughter of Manjulabai the petitioner in Criminal Writ Petition No. 165/02, sister of Devanand who is the petitioner in Criminal Writ Petition No. 166/02 and daughter of Kisna who is the petitioner in Criminal Writ Petition No. 167/02. All these three petitioners are in jail and are convicted for having committed the offence punishable under section 302 read with section 34 of the Indian Penal Code. Their conviction has been confirmed by this Court and also by the Apex Court. The applications made by the petitioners to the competent authority, have been rejected on the ground that they are not entitled to get furlough because they have not completed 2 years of sentence as per Rule 3 of the Furlough Rules and on the ground that they are not entitled to be released on parole because under Rule 19, the prisoners are not entitled to be released on parole on the ground of marriage of their close relatives.

(2.) IN these three petitions since the petitions were sent through jail, we have asked Shri V. M. Deshpande, Advocate to appear on behalf of Kisna Gulabe in Criminal Writ Petition No. 167/02 as amicus curie to assist this Court. Similarly, we have appointed Miss Kalshi, Advocate to appear on behalf of Devanand Gulabe in Criminal Writ Petition No. 166/02 and Shri N. A. Badar, Advocate to appear on behalf of Manjulabai in Criminal Writ Petition No. 165/02.

(3.) RULE made returnable forthwith and heard with the consent of the parties.