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1. In all these matters, these petitioners seek to challenge the rejection of their applications fled under Rule 19(1)(C) of the Maharashtra Prisons ( Mumbai Furlough and Parole) Rules, 4 Cri.W.P. 438-2021 & Others 8.odt 1959, vide the impugned orders set out in the prayer clauses. The grievance of these petitioners is that their applications have been rejected as all these petitioners, have not availed of, either parole or furlough leave in their entire stay in prison as convicts serving out their sentences. Most of them have been in prison in between 5 to 10 years. Except Mr. Tongare, who has availed of a furlough leave only once, none of the other petitioners have ever applied for the parole or furlough leave.

'' We fnd that the State of Maharashtra had amended the Maharashtra Prisons ( Mumbai Furlough and Parole) Rules, 1959, vide the Maharashtra Notifcation dated 08.05.2020. By virtue of the said amendment, Rule 19(1) (C) was introduced in the said Rules with the aim and object of preventing the spread of the corona virus 5 Cri.W.P. 438-2021 & Others 8.odt in the prisons, as almost all the prisons were congested.

4. A co-ordinate Bench of this Court has come to a conclusion that emergency parole need not mean that the prisoners should make an application and that the Jail Superintendent can suo motu grant emergency parole without asking for applications. The learned Full Bench of this Court, on a reference made by us in Nagnath Sakharam Mane Vs. The State of Maharashtra and Another, (Criminal Application No. 4118 of 2019), has interpreted clause 2C (ii) of the notifcation dated 08.05.2020, and concluded that after emergency parole 6 Cri.W.P. 438-2021 & Others 8.odt for 45 days is granted under Rule 19(1)(C), a convict need not apply for extension of the said parole since he would be, ipso facto, entitled for an extension of blocks of 30 days, continuously, till such time the said notifcation is enforced. The learned Chief Public Prosecutor submits that the learned Full Bench has therefore, concluded that once a convict is released on emergency parole under Rule 19(1)(C), he stands released till the notifcation is recalled and there is no requirement for him to make an application for extension.

(A) The circular dated 08.05.2020, needs a re-look by the State in order to ensure that there is uniformity in considering applications of prisoners for grant of emergency parole under Rule 19(1)(C).

7 Cri.W.P. 438-2021 & Others 8.odt (B) Whether it would be in the interest of the society that a convict released on emergency parole will never return back to the prison until the circular is altered or repelled or replaced by a new circular.