the Notification dated 23.02.2012 issued by the Government of Maharashtra, Department of Home, wherein it is provided that, the convict is not entitled to apply for parole within one year from the date of expiry of parole leave, granted earlier. Admittedly, in case of both the petitioners one year period is yet to be completed. Therefore, their application is premature. There is an exception for applying for parole within one year in case of death of nearest relatives. However, present case is not covered under said exception. Therefore, keeping in view the relevant Notification, it will have to be held that, the applications filed by the petitioners are premature. Secondly , the conduct of the petitioners, who did not surrender on their own even after expiry of parole leave granted to them on earlier occasion, is also required to be considered. As already observed, the petitioner No.2 Shivraj Keshav Pawar on his own did not surrender in spite of overstaying by 840 days, when he was earlier released on parole on earlier occasion. Petitioner No.1 Keshav Tukaram Pawar, when he was released on two occasions earlier, he surrendered late by 329 days and on second occasion after 170 days respectively.
