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2021 Supreme(Bom) 875

SUNIL B.SHUKRE, AVINASH G.GHAROTE
Ayyaz Khan Zabaz Khan – Appellant
Versus
Divisional Commissioner – Respondent


Advocates appeared:
S.M. Thakre, Advocate, N.R. Patil, Advocate

JUDGMENT

Avinash G. Gharote, J. - The present petition, questions the order dated 19/10/2020, passed by the respondent no.2, Superintendent of Central Jail, Amravati, rejecting the application filed by the petitioner dated 6/10/2020, for release of parole on account of Covid-19, in view of the notification dated 08/05/2020, which has resulted in amendment of Rule 19 (1) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959, (for short "the Prisons Rules" hereinafter) by insertion of Clause (C) thereof.

2. The impugned order states that though the petitioner, who is undergoing a sentence of life imprisonment for conviction under Section 302 of I.P.C., had returned on the due date on the last occasion, when he was released on parole, however, since Rule 19 (1) (C) (ii) of the Prisons Rules requires, the release and timely return on the last two occasions to be considered, the application of the petitioner has been rejected. In so far as the ground on which the application of the petitioner has been rejected, the same has been considered by learned Division Bench of this Court in Milind Ashok Patil and Ors. Vs. State of Maharashtra and Ors.,MANU/MH/0797/2020, decided on 16

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