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MANISH PITALE, S. S. SHINDE
Shailesh, S/o. Ramesh Jaiswal – Appellant
Versus
State of Maharashtra, Through its Principal Secretary, Home Department – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to covid-19 parole rejection (Para 2 , 3) |
| 2. grounds for emergency covid-19 parole application (Para 4) |
| 3. petitioner's arguments against rejection (Para 5) |
| 4. state's counter on prison conditions (Para 6) |
| 5. court's consideration of previous rulings and current facts (Para 7 , 8) |
| 6. final order allowing fresh application for parole (Para 9 , 10) |
JUDGMENT :
(Manish Pitale, J.)
1. Rule. Rule made returnable forthwith. With the consent of learned counsel appearing for the parties, heard finally.
2. By this writ petition, the petitioner has challenged the order dated 19th September, 2020 passed by respondent No.4 whereby application for grant of emergency Covid-19 parole was rejected on the ground that he had not availed of furlough/parole leave even once earlier.
3. The petitioner is undergoing sentence of imprisonment imposed upon him as per judgment and order dated 22nd July, 2019 passed by the Sessions Court for the offences punishable under Sections 376(2) and 506 of the INDIAN PENAL CODE and the appeal preferred by him against the said judgment and order is pending.
4. In view of Covid-19 pandemic and the amendment in the Prisons (Bombay Furlough a
The specific prohibition under the provisions of the Prisons (Bombay Furlough and Parole) Rules, 1959, and the petitioner's ineligibility for grant of parole leave due to being convicted under Sectio....
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.
Parole release - Merely because the petitioner was released once and not twice in the past on parole/furlough, it cannot be a ground for rejecting the application for emergency parole.
Failure to surrender after emergency parole indicates an intention to jump the parole, justifying the legality of the punishment notice. Future parole and furlough applications should be considered o....
The discretionary nature of Covid-19 parole and the need for assessment of the pandemic situation in prisons to consider the release of prisoners for decongestion purposes.
The court considered the petitioner's conduct, previous judgments, and the medical condition of the petitioner in allowing the petition and setting aside the impugned order.
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 ....
Eligibility for parole may be reconsidered in emergency situations despite prior furlough, aligning with judicial precedents.
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