Disposed¶19

Deepak Anil Awale v. State of Maharashtra

Bombay HC7 Jan 2026WP/1045/2025

Case brief

AI extract

What is this about?

Bombay High Court writ petition through jail; quashing of Government Notification dated 10.02.2022; Rule 19(3)(C)(ii); life imprisonment convicts; one and a half years actual imprisonment after furlough or regular parole; Maharashtra parole/furlough release rules amended by Notification dated 02.12.2024; embargo removed; affidavit of Superintendent Nashikroad Central Prison dated 11.02.2026; petition infructuous and disposed; Legal Aid counsel Aditya N. Mehta; APP Madhavi H Mhatre; Coram A.S. Gadkari and Kamal Khata, JJ.; decision date 06.03.2026.

What did the court decide?

No relief granted — Petition disposed of as infructuous after the challenged embargo was removed by the Government's Notification dated 2nd December 2024. ¶19

Deepak Anil Awale vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No relief granted — Petition disposed of as infructuous after the challenged embargo was removed by the Government's Notification dated 2nd December 2024.

¶19

Issue for consideration

Whether the Government Notification dated 10th February 2022, specifically Rule 19(3)(C)(ii) mandating that prisoners sentenced to life imprisonment undergo one and a half years of actual imprisonment from the date of their last return from furlough or regular parole leave to become eligible for any subsequent release, ought to be quashed and set aside.

¶12

Court's answer

It was brought on record, via the affidavit dated 11th February 2026 (para No.5) of the Superintendent, Nashikroad Central Prison, that the Government vide its Notification dated 2nd December 2024 amended the rules governing release of prisoners on parole and furlough leave, and the embargo previously introduced by the Notification dated 10th February 2022 has been removed.

¶18

Ratio / Principle

In view of the amendment removing the challenged embargo, the grievance of the Petitioner does not survive; the Petition has become infructuous and is accordingly disposed of.

¶19

Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction — Writ Petition No.1045 of 2025 (jail petition), decided 6th March 2026, Coram: A.S. Gadkari & Kamal Khata, JJ. — Deepak Anil Awale v. State of Maharashtra. The Petitioner sought quashing and setting aside of the Government Notification dated 10th February 2022, in particular Rule 19(3)(C)(ii), which mandated that prisoners sentenced to life imprisonment undergo one and a half years of actual imprisonment from the date of their last return from furlough or regular parole leave to become eligible for any subsequent release. By affidavit dated 11th February 2026 (para No.5), the Superintendent, Nashikroad Central Prison, placed on record that the Government, vide Notification dated 2nd December 2024, amended the rules governing release of prisoners on parole and furlough leave and removed the embargo introduced by the 10th February 2022 Notification. Holding that the Petitioner's grievance did not survive, the Court disposed of the Petition as infructuous.

Deepak Anil Awale v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Deepak Anil Awale v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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