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2021 Supreme(Bom) 1116

V.M.DESHPANDE, AMIT B BORKAR
Asgar Kadar Sheikh – Appellant
Versus
Jail Superintendent – Respondent


Advocates appeared:
M.N. Ali, Advocate, N.R. Tripathi, Advocate

JUDGMENT

Amit B. Borkar, J. - Heard.

2. RULE. Rule made returnable forthwith.

3. This case illustrates an attempt on the part of the advocate for the petitioners by making misleading statement which on the first blush appears to be innocuous but on deeper scrutiny reveals an attempt to twist facts to get favourable relief for his clients.

4. The petitioners are convicts for offences punishable under Sections 302, 304, 307, 324, 326, 435, 120B and 34 of the Indian Penal Code, Section 151 of the Railways Act and Section 4 of the Protection of Public Properties Act. The said case is popularly known as 1996 Bombay Blast case. After having undergone the actual imprisonment of 23 years by the petitioner no. 1 and 18 years by the petitioner no. 2, the petitioners filed an application before the respondent for their release on emergency parole as per the amended provisions of Rule 19(1)(C)(ii) of the Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959. The application has been rejected by the impugned order dated 30/06/2020 mainly on the ground that the petitioners having been convicted under the Special Acts are not entitled to the benefit of emergency parole.

5. The petitioners have

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