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3. Though in the order, it is mentioned that there is other reason that he was not released on two occasions in the past on either furlough or parole as provided in the notifcation and due to that reason also, he is not entitled to get emergency parole, that reason need not be considered in detail in the present matter as that point is decided in the past in other matters by this Court. But, this condition needs to be considered from diferent angle.

4. The particulars given by the petitioner show that he was arrested in 2018 and he came to be convicted on 9.2.2018. This circumstance shows that he has not completed three years of imprisonment. Thus, under Prisons (Bombay Furlough and Parole) Rules, 1959 he has not become eligible to get furlough. Emergency parole of the nature mentioned in the notifcation dated 8.5.2020 is also diferent kind of parole and so, the condition that he ought to have come out of Jail on two occasions in the past needs to be considered to ascertain the eligibility period. A prisoner can come out on furlough only after completing three years of actual imprisonment. From that angle, it can be said that he is not eligible to get emergency parole. The rules of eligibility to get furlough leave are applicable for getting parole under Rule 19 (2).

"HOME DEPARTMENT Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk, Mumbai, 400032, dated the 8th May, 2020 NOTIFICATION PRISONS ACT, 1984 No. APP-0920/CR. 179/2020/PRS-3 - In exercise of the powers Conferred by clauses (5) and (28) of section 59 of the Prisons Act (IX of 1894), in its application to the State of Maharashtra, and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules further to amend the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959, namely: -

1. The rules may be called the Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2020.

2. In sub-rule -(1) of rule 19 of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959, after clause (B) the following clause shall be added namely: -

"(21) Those involved in sexual ofences against minor and human trafcking."

Thus, the sexual ofences against minor are also mentioned in the Rule to show that these persons are not eligible for getting furlough. This Rule needs to be read with Rule 19. In Rule 19, there are two parts viz. emergency parole and regular parole. The notifcation dated 8.5.2020 shows that the parole is treated as emergency parole. If we compare the notifcation with part I in respect of emergency parole of Rule 19, it can be said that there is something more in notifcation dated 8.5.2020. Rule 19 needs to be read with Rule 4. In Rule 19 (2), it is mentioned that all prisoners eligible for furlough shall be eligible for regular parole. Regular parole can be of 45 days and it can be extended up to 60 days. Thus, it can be said that notifcation has used part II of Rule 19 and not part I of Rule 19. It is already observed that in Rule 4 (21), the prisoners convicted for sexual ofences against minor cannot get furlough and so, they are not entitled to get emergency parole under notifcation dated 8.5.2020.