VINODKUMAR CHELLAPPAN PILLAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Kharat, learned Counsel appearing for the Petitioner, Mr. Naik, learned APP for the Respondent-State and Mr. Rupesh Jaiswal, learned advocate appointed as amicus to assist the Court.

(2.) By the present writ petition iled under Article 226 of the Constitution of India, the Petitioner has sought following substantive reliefs :

(3.) It is the submission of Mr. Naik, learned APP that the Maharashtra Prisons (Furlough and Parole) Rules, 2024 [for short "the Rules of 2024 "], and in particular Rule 14 of the same, provides that all prisoners (subject to certain exceptions) shall be eligible for regular parole on completion of one year of actual imprisonment. Learned APP submitted that as far as the Petitioner is concerned, the Petitioner has been convicted under Sec. 138 of the Negotiable Instruments Act, 1881 and has been sentenced to sufer simple imprisonment for 1 year and further directed to pay compensation of Rs.24.00 lakh to the complainant and in default of payment of compensation to sufer simple imprisonment for 6 months. Learned APP submitted that the Petitioner surrendered to the prison authority on 3/5/2025 and sought to submit an application seeking parole leave on 23/3/2026, however, in view of the provisions of Rule 14 of the Rules of 2024, the Petitioner was asked to withdraw the said application.