907-CRWP-664-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. WRIT PETITION NO. 664 OF 2026 Arun Maruti Ghevade ...Petitioner. Versus The State Of Maharashtra And Others ...Respondents. —————— Mr. Aditya R. Patil i/b Kalpesh Uttam Patil for the Petitioner. Mrs. S. N. Deshmukh, APP for the Respondent-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : August 21, 2026. P. C. : 1. By the present Petition, the Petitioner, who is the convict, has challenged the orders dated 14.08.2026 and 17.08.2026 passed by Respondent No. 3 and Respondent No. 2 respectively, rejecting his application for Emergency Parole for Fourteen (14) days, and granting Emergency Parole for One (1) day under the Police Escort. 2. Heard both the sides and with their assistance, perused the papers on record. 3. It is submitted by the learned advocate for the Petitioner that, the Petitioner's brother expired on 12.08.2026, and therefore, the Petitioner had applied for Emergency Parole for attending the last rites and other rituals. The rules provides for grant Emergency Parole on Harish 1 of 7 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2026.08.21 20:20:17 +0530 907-CRWP-664-2026.doc account of death of family member. The Petitioner is ready to furnish a Surety Bond. He submits that the Petition be allowed and the Petitioner may be granted Emergency Parole for Seven (7) days so that, he can attend the rituals of his deceased brother. 4. The Petition is vehemently opposed by the learned APP. She submits that, earlier the Petitioner was released on COVID parole and he did not surrender to the concerned jail after the expiry of his said parole period. She submits that, the Petitioner was absconding for 840 days, and therefore, considering his past conduct, the concerned authorities have rejected his application for Fourteen (14) days Emergency Parole. She submits that, today morning, the Petitioner submitted an application requesting for One (1) day parole under Police Escort and the State is ready to bear the expenses for the same towards the Police Escort. She submits that, considering all aspects of the matter, the Petition be dismissed. 5. The impugned orders are passed by the Respondent Nos. 3 and 2 in exercise of the power vested under the provisions of the Maharashtra Prisons (Furlough and Parole) Rules, 2024 (said rules). 6. The application made by the Petitioner is for the Emergency Parole. The term 'Parole' is deined under Rule 2(e) as- "parole means temporary release of a convicted prisoner from a prison, suspending his sentence for a short period of time, for attending exigencies as Harish 2 of 7 907-CRWP-664-2026.doc speciied in the rules so that he may fulill his familial and social obligations and responsibilities mentioned in the grounds speciied under Rule 12 of these rules." Rule 12 of the said rules provides the grounds for grant of parole. Sub-rule 2 of Rule 12 provides the ground, to attend the inal rituals on the death of the blood relatives or spouse. 7. Rule 22 of the said rules provides for the procedure to avail Emergency Parole. The said rule is produced below: “22. Procedure to avail Emergency Parole.- (1) A prisoner desiring to be released on emergency parole shall submit an application either on his own or through his relatives or friends or legal advisor in Form B in triplicate alongwith relevant documents to the Sanctioning Authority. (2) A prisoner belonging to Hindu and other religions (except Muslims) may apply for emergency parole, within ten days of the death of his spouse or blood relatives and a prisoner who is a Muslim, may apply for emergency parole within twenty days of the death of his spouse or blood relatives. (3) After receiving such application, the Sanctioning Authority shall immediately make a primary inquiry with authorities of the concerned police station as to the veracity of the reason for emergency Parole and socio-economic or inancial condition of the prisoner. Electronic mode of communication can be used for speedy correspondence. (4) After receiving police enquiry report, the Sanctioning Authority shall peruse it along with the record of the prisoner during previous furlough or parole and pass an order in writing Harish 3 of 7 907-CRWP-664-2026.doc after recording reasons therefor. The order shall be communicated to the prisoner and an acknowledgment shall be kept on record. The order shall also be communicated to his relatives, friends and surety. (5) The Sanctioning Authority shall after considering the crime history of the prisoner, grant emergency parole either with police escort, or on Surety Bond, Personal Bond and Cash Security Bond. The cost of police escort shall be borne by the prisoner or his relatives. (6) The Sanctioning Authority shall decide the duration of emergency parole with police escort, but the same shall not exceed fourteen days. (7) On compliance of the terms and conditions mentioned in the sanction order, the Superintendent of Prisons shall issue a release order in prescribed Form D, wherein the date of release, date of surrender, terms and conditions, etc. shall be stated clearly and the prisoner shall be released on emergency parole, without any delay. (8) If the Sanctioning Authority rejects the application for emergency parole, the prisoner may ile an appeal in prescribed Form I with declaration in Form J, to the Appellate Authority within two days. The Appellate Authority shall take a decision regarding the emergency parole, within two working days and pass an order in writing after recording reasons which shall be communicated to the appellant prisoner by the Superintendent of Prisons and an acknowledgment shall be kept on record. The order shall also be communicated to his relatives or friends and surety.” Harish 4 of 7 907-CRWP-664-2026.doc 8. Perusal of the order passed by the Sanctioning Authority goes to show that, only on the basis of the conviction, the nature of sentence, and the aspect of jumping the COVID parole, the prayer for Fourteen (14) days Emergency Parole is rejected and only One (1) day Emergency Parole with Police Escort is granted. The order by the appellate authority goes to show that, only on the basis of the report from the police, the remarks of the Jail Superintendent and the order passed by the Deputy Inspector General of Prisons, the order passed by the sanctioning authority is maintained. The aforesaid provision of Rule 22 contemplates reasons by the sanctioning authority and the appellate authority while passing the orders on the application for Emergency Parole. Impugned orders do not show that, the sanctioning authority and the appellate authority recorded their independent reasons for refusing the Petitioner's prayer for Fourteen (14) days Emergency Parole. 9. As regards the contention of the State that, the Petitioner had jumped the COVID parole for a considerable period, the said period of unauthorized absence after the COVID parole period was over, can always be dealt with by the concerned competent authorities as per the relevant rules. 10. The reason for applying for the Emergency Parole by the Petitioner is covered by the grounds provided for the parole under the Harish 5 of 7 907-CRWP-664-2026.doc aforesaid rules. Though the application was submitted today morning by the Petitioner to the prison authorities for One (1) day parole under Police Escort, the learned counsel for the Petitioner submits, on instructions, that to attend the 13th day ritual of his deceased brother, the Petitioner is in need of Seven ( 7) days' parole. According to the Petitioner, he is an agricultural laborer and not in a position to bear the cost of the Police Escort. The Petitioner is ready to furnish the Surety Bond for the parole period. The Sub-rule (5) of Rule 22 of the aforesaid rules permits for the Surety Bond. Considering all the aspects of the matter, the impugned orders are liable to be set aside and request for Emergency Parole for a period of Seven (7) days on furnishing Surety Bond is required to be granted. Hence the following order. ORDER a) The Petition is allowed. b) The impugned orders dated 14.08.2026 and 17.08.2026 passed by Respondent Nos. 3 and 2, respectively are quashed and set aside. c) The Petitioner be released on Emergency Parole for a period of Seven (7) days, subject to furnishing of Surety Bond of Rs. 25,000/-. d) The Petitioner shall attend the nearest police Harish 6 of 7 907-CRWP-664-2026.doc station, i.e., Shivaji Nagar Police Station, Ichalkaranji (Respondent No. 5), between 2:00 PM to 3:00 PM every day, during his aforesaid parole period of Seven (7) days. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Harish 7 of 7