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Amended Parole Rule Having Pre-Condition of Convict Returning on Time in Last 2 Releases, Applicable only if Convict is Released Twice: Bombay HC

The Bombay High Court on Thursday quashed and set aside the orders passed by Superintendent of Kolhapur Central Prison rejecting parole to three applicant convicts observing that the amended parole rule which states that convicts whose maximum sentence is above 7 years shall be considered for release on emergency parole if the convict has returned to prison on time on last 2 releases, is applicable only if the convict has been released on parole or furlough two times. Division bench of Justice SS Shinde and Justice Madhav Jamdar were hearing a criminal writ petition filed by Milind Ashok Patil, Nishant Mane and Akshay Kondekar (deceased) lodged at Kolhapur Central jail. The three petitioners and other three co-accused were held guilty and convicted by the judgment dated April 23, 2018, passed by the Additional Sessions Judge, Kolhapur for the offences punishable under Sections 302, 307, 143, 147, 148, 323, 504, 506 read with 149 and Section 120-B of IPC and sentenced to suffer imprisonment for life. They were also sentenced to suffer imprisonment for six years for having committed offences punishable under Section 307 read with Section 149 of the Indian Penal Code.

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