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High Court Quashes State Government Order on Premature Release of Convict in Criminal Writ Petition - Order Under Section 433A CrPC Found Erroneous Due to Misapplication of Sentencing Guidelines and Supreme Court Directions.

The petitioner, a 65-year-old convict, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 19th September ...

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Bombay High Court Allows Set-off of Pre-conviction Detention Under Section 428 Cr.P.C. in Rape Conviction Case. Court Directs Jail Authorities to Recalculate Sentence by Setting Off Period of Incarceration Prior to Conviction Against Substantive Sentence of Imprisonment.

The petitioner, Tenzin @ Elin Dorje, was convicted by the Additional Sessions Judge, Panaji, in Sessions Case No. 23/2016 for offences under Sections ...

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Supreme Court Upholds Conviction Under Section 21(c) NDPS Act but Reduces Sentence to 16 Years. Court Holds That Section 32B Does Not Limit Sentencing Discretion to Enumerated Factors; Other Relevant Factors Like Quantity May Be Considered.

The appeal arose from a conviction under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellant, Rafiq Qu...

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Bombay High Court Dismisses Petition Challenging Categorization Under 1992 Guidelines for Premature Release of Life Convict in Murder During Robbery Case. Petitioner's Offence of Murder During Robbery Correctly Categorized Under Category 5(a) of the 1992 Guidelines, Which Superseded the 1978 Guidelines.

The petitioner, Harjeetsingh Niranjansingh Jabbal, was convicted under Sections 302 and 397 of the Indian Penal Code for murder committed during a rob...

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Bombay High Court Resolves Conflict on Applicability of Section 167(2)(a)(i) vs (ii) CrPC for Default Bail in Offences Punishable with Life Imprisonment. The court held that life imprisonment is a term of not less than ten years, thus the 90-day period under clause (ii) applies.

The case arose from a reference made by a learned Single Judge of the Bombay High Court while hearing a bail application filed by two accused persons,...