RUKAYYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and by consent, heard finally at admission stage.

(2.) By way of this Criminal Writ Petition, the petitioner is seeking a direction to Respondent No. 2 to release her husband Shaikh Rashid Shaikh Abdul Gaffur i.e. Convict No. C-5345 on emergency parole leave as per Notification dtd. 8/5/2020, by quashing the order dtd. 15/12/2021, passed by Respondent No. 2, under which, the aforesaid leave has been rejected.

(3.) According to the petitioner, her husband i.e. convict Shaikh Rashid is convicted for the offence punishable under Sec. 302 read with 34 of the Indian Penal Code vide judgment and order dtd. 30/7/2021, passed by the Additional Sessions Judge-III, Aurangabad and he is sentenced to suffer imprisonment for life. The petitioner's husband has presently served sentence of more than ten years and five months without remission. As such, it is claimed by the petitioner that her husband is entitled for release on emergency parole leave, as mentioned above.