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2021 Supreme(Bom) 1096

RAVINDRA V.GHUGE, B.U.DEBADWAR
Avdhut @ Rahul Balu Giri C-8769 – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
K.S. Patil, Advocate

JUDGMENT

Ravindra V. Ghuge, J. - The petitioner prays for a direction to the Jail authorities to grant him emergency parole under Rule 19 (1) (C) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 (for short "the 1959 Rules), on a P. R. Bond without any surety. He is serving out the sentence of life imprisonment at the Aurangabad Central Jail.

2. The present petitioner had approached this Court in Criminal Writ Petition No.1189 of 2020, seeking emergency parole. By Judgment dated 15/10/2019, this Court concluded that the condition set out in the Government Notification dated 08/05/2020 that an applicant should have availed of furlough or parole leave on at least two occasions earlier, so as to make him eligible for the benefit under Rule 19 (1) (C), was unsustainable. This Court concluded that, if a candidate did not avail of furlough or parole leave, in all on two occasions, prior to making an application under Rule 19 (1) (C), it would not amount to an embargo or a disqualification. Since the petitioner had undergone three years behind bars, his petition was allowed and this Court granted him emergency parole on the usual terms and conditions. Furnishing two sureti

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