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V. K. JADHAV, SANDIPKUMAR C. MORE
Rukayya – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Sandip Kumar Chandrabhan More, J. - 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 dated 08.05.2020, by quashing the order dated 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 Section 302 read with 34 of the Indian Penal Code vide judgment and order dated 30.07.2021, 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.
4. The learned Counsel for the petitioner submits that as per the judicial pronouncement of this Court (Coram: T.V. Nalawade and S.D. Kulkarni, JJ)
The central legal point established is that the condition in the Notification dated 08.05.2020 should not disentitle prisoners from claiming the benefit of emergency parole leave, and discrimination ....
The court has the discretion to grant regular parole instead of emergency parole (Covid-19) based on the seriousness of the offense and the petitioner's previous instances of parole leave.
Emergency parole was granted under compelling health circumstances according to established rules.
Emergency parole can be granted when there are compelling humanitarian grounds, such as the death of a close relative.
A court may grant parole if significant qualifying circumstances exist, such as caring for a seriously ill family member.
Emergency leave for convicts may be granted under compassionate grounds as per prison regulations.
Judicial determination of emergency parole eligibility based on familial responsibilities within the framework of Prisons Rules.
Emergency parole may be granted under specific law provisions, considering the immediate family circumstances.
Emergency parole may be granted based on compassionate grounds when circumstances justify attendance at significant personal events.
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