Milind Ashok Patil And Ors vs The State Of Maharashtra And Ors on 12 January, 2021
6 In our opinion, merely because the petitioner was not released
earlier cannot be a ground for rejecting the application of the petitioner for
emergency parole. This Court in Criminal Writ Petition-ASDB-LD-VC No. 65 of
2020 (Milind Ashok Patil & Ors. Vs. State of Maharashtra & Ors.) had occasion
to consider similar issue and a view is taken in the said case that merely
because the petitioner was not released twice in the past on parole/furlough
cannot be a ground for rejecting the application for emergency parole.
7 In that view of the matter, the writ petition is partly allowed. The
impugned order dated 28.09.2020 passed by Respondent-authority, is quashed
and set aside. The petitioner is granted liberty to apply afresh for grant of
emergency Covid-19 parole within one week from today. Upon filing such an
application, the respondent authority shall decide the same on its own merits,
lgc 3 of 4
::: Uploaded on - 29/04/2021 ::: Downloaded on - 09/09/2021 08:32:50 :::
(43) cri.wp-1132.21.odt
as expeditiously as possible, however, within two weeks from the date of filing
of the application in accordance with the Prisons (Bombay Furlough and
Parole) Rules, 1959, and keeping in view the factors like the extent of spread of
Covid-19 virus and conditions in jail.