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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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High Court of Karnataka Enhances Sentence in POCSO Case — State Appeal Against Inadequate Sentence Allowed. Court holds that Section 5(1) of POCSO Act mandates minimum sentence of ten years and trial court's imposition of less than ten years is illegal.

The State of Karnataka filed an appeal under Section 377(1)(b) of the Code of Criminal Procedure, 1973, challenging the inadequacy of the sentence imp...

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Bombay High Court Quashes Mechanical Remission Opinion in Favor of Convict — Additional Sessions Judge Exceeded Eligibility Conditions in Government Resolution. Remission Eligibility Must Be Based Strictly on Government Resolution Conditions, Not Extraneous Factors.

The petitioner, Virendrasingh Ramprakarsingh Khairnar, a convict detained at Central Prison, Nagpur, filed a Criminal Writ Petition before the Bombay ...

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Bombay High Court Issues Suo Motu Directions on Detention of Overstaying Foreign Nationals in Goa. The Court directed the State to consider establishing detention centres for overstaying foreign nationals and upheld the validity of FIR against a Nigerian national for overstay under the Foreigners Act, 1946.

The Bombay High Court at Goa, in a suo motu writ petition, addressed the issue of overstaying foreign nationals in the State of Goa. The matter origin...

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Bombay High Court Issues Guidelines for Detention of Overstaying Foreign Nationals in Suo Motu Writ Petition. Court directs State of Goa to establish detention centres and formulate standard operating procedures for handling foreign nationals who overstay their visas.

The Bombay High Court at Goa took suo motu cognizance of the issue of overstaying foreign nationals in the State of Goa, arising from a criminal writ ...

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Bombay High Court Allows Convict's Parole for Medical Treatment of Mother Despite Prison Overcrowding. Parole granted under Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 for compassionate reasons, not as a matter of right.

The petitioner, Roshan alias Chini Danichand Thakur, a convict serving sentence in Nashik Road Central Prison, filed a Criminal Writ Petition challeng...

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Bombay High Court Allows Furlough to Life Convict in Furlough Rejection Case — Rule 313(2) Goa Prison Rules, 2006 Held Directory. Convict Under Section 392 IPC Not Automatically Barred From Furlough; Long Incarceration and Good Conduct Considered.

The petitioner, Anthony Rebello, a life convict serving sentence at Central Jail Colvale, Goa, filed a Criminal Writ Petition before the Bombay High C...

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Bombay High Court Dismisses Journalist's Compensation Claim for Handcuffing During Police Transit. No Violation of Articles 14 and 21 Found as Handcuffing Was Justified by Threat of Escape and No Malice Established.

The petitioner, Satish Banwarilal Sharma, a journalist and managing editor of a daily newspaper, filed a criminal writ petition under Article 226 of t...