N.J.JAMADAR, J. - (1.) Rule. Rule made returnable forthwith and, with the consent of the counsels for the parties, heard fnally.
(2.) The petitioner, who is a life convict, takes exception to the order dated 18th May, 2021 passed by the Superintendent, Kolhapur Central Prison, Kalamba whereby the prayer of the petitioner to release him on emergency Covid 19 parole under Rule 19(1)(c)(ii) of the Prisons (Bombay Furlough and Parole) Rules, 1959 (the Rules, 1959) came to be rejected.
(3.) The petition arises in the backdrop of the following facts. a] The petitioner came to be convicted in a Special Case No. 3 of 2002 for the offences punishable under sections 364A, 395, 397, 387, 342 read with 34 of Indian Penal Code, 1860 (the Penal Code) and section 3(1)(ii), 3(2), 3(4) of Maharashtra Control of Organised Crime Act, 1999 (MCOCA), by the judgment and order dated 20th October, 2005 and sentenced to suffer imprisonment for life for the major offences and pay fne of Rs. 15,04,000/- and in default suffer imprisonment for of 10 years. b] The petitioner has undergone the substantive sentence. Since the petitioner has not paid fne, the petitioner has been undergoing sentence in default of payment of fne since 5 th October, 2016. c] On 25th June, 2013 the petitioner was released on parole for 30 days. The petitioner jumped the parole. He was required to be arrested and brought back to prison after 421 days. For the said overstay, the petitioner is being prosecuted for the offence punishable under section 224 of Indian Penal Code, 1860 (the Penal Code) in R.C.C.No.7296 of 2014. e] In the wake of Covid 19 pandemic, the petitioner fled an application for emergency Covid 19 parole. The said request was turned down by the respondent No. 2 by the order dated 18 th December, 2020. The principal reasons were the conviction of the petitioner for the offences punishable under MCOCA and overstay by 421 days when the petitioner was released on parole in the year 2013. f] The petitioner invoked the writ jurisdiction of this Court by fling Writ Petition No. 767 of 2021. By the judgment and order dated 29th April, 2021 this Court directed the respondent No. 2 to consider the prayer of the petitioner for release on emergency parole afresh. It was, inter alia, opined that since the petitioner has already undergone the entire substantive sentence for the offences punishable under MCOCA his prayer could not have been negatived on the said count. g] Pursuant to aforesaid judgment and order, the petitioner fled a fresh application. By the impugned order dated 18th May, 2021, the respondent No. 2 again rejected the prayer of the petitioner by ascribing two-fold reasons. One, on account of safety and health measures taken by the prison administration, the situation which arose on account of Covid 19 pandemic, was under control. Two, the petitioner had not returned to prison, when he was released on parole in the year 2013 and was required to be arrested and brought back to prison after 421 days. Being aggrieved, the petitioner has again invoked writ jurisdiction. ;