Aurangabad: The Supreme Court has asked the Maharashtra government to take policy decisions “whether the leave Covid parole the convict can be considered for calculating its term sentences truth or not, and whether such a decision should be applied to all detainees or some of these exceptions should be made.” As per the filing by the state government lawyers, about 20,000 prisoners had been released on parole emergency as part of measures to decongest the prison during the 19th Covid pandemic.
SC bench Chief Justice of India N V Ramanna, Justice Surya Kant and Justice Hima Kohli gave four weeks from order date, October 28, for a decision.
This problem arises in the appeal filed in 2012 by residents Parbhani Mubin Khan against the September 2010 ruling by the Bombay HC in Aurangabad which upheld his conviction for killing his wife on September 9, 2007, while freeing themselves from domestic violence charge.
Lawyers Khan filed a case of prisoners serving life sentences are considered by the government for premature release after completion of the actual 14-year sentence in accordance Detention Act.
SC observed, “We are the views that have the applicant is not granted parole on May 15, 2020, he will complete the actual 14-year sentence and, therefore, the case will be considered for premature release.
Now, the question before us is that the applicant be given emergency leave Covid conditional on May 15, 2020 and he is on parole on leave till date and this period is not counted while calculating the total period of the actual sentence.
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Decide whether covid leave is part of a prison term : SC to Maha Govt
