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Search Results for "Prisoner"

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High Court

Bombay High Court Quashes FIR Against Ex-Chief Minister and MLA in Prison Assault Case Due to Bar Under Prisons Act, 1894. Alleged Offences Committed Inside Notified Temporary Prison Must Be Dealt With Under Special Statute, Not General Criminal Law.

10 May 2024

The Bombay High Court allowed two applications under Section 482 of the Code of Criminal Procedure, 1973 filed by accused No. 1 (an ex-Chief Minister)...

High Court

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.

21 Sep 2023

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

High Court

Bombay High Court Allows Convict's Petition Against Cancellation of Emergency Parole Due to Substitution of Rule 19. Cancellation Order Set Aside as State's Affidavit Revealed Rule 19 Was Substituted After the Impugned Order.

29 Apr 2022

The petitioner, Sachin @ Anna Daniel Gabrel, a life convict for offences under Sections 302, 149, 148, and 143 of the Indian Penal Code, was undergoin...

Supreme Court

Supreme Court Upholds Central Government's Decision in Repatriation of Prisoners Act Case Due to Discretionary Powers and International Comity. The Court held that adaptation of sentences under Section 13(6) is not mandatory and the High Court erred in directing reduction without considering administrative discretion and binding treaty obligations.

11 Jan 2022

The dispute arose from the conviction of the Respondent by the Supreme Court of Mauritius for possession of 152.8 grams of heroin, resulting in a 26-y...

Supreme Court

Supreme Court Quashes Furlough Grant to Convict in Rape Case Due to Threat to Witnesses and Public Order. Furlough is not an absolute right but subject to conditions under the Bombay Furlough and Parole Rules, 1959, and must consider witness safety and public peace, as the convict had a criminal network and history of witness intimidation.

20 Oct 2021

The appeal arose from a judgment of the High Court of Gujarat dated 24 June 2021, which directed the release of the respondent on furlough. The respon...

High Court

Bombay High Court Holds Aurangabad Bench Has Jurisdiction Over Parole Rejection Order Passed at Nashik Central Prison — Reference Answered in Favor of Respondent Prisoner. Territorial Jurisdiction Determined by Place of Confinement and Communication of Order, Not Solely by Location of Prison Authority.

25 Jan 2021

The case arose from a reference made by a division bench of the Bombay High Court at Aurangabad regarding its territorial jurisdiction to entertain a ...

High Court

Bombay High Court Upholds Cutting of Remission for Late Return from Parole but Orders Refund of Illegal Deposit. Parolee's two-day delay in reporting back to prison justified cutting remission by two days, but the condition requiring deposit of Rs.15,000 for grant of parole is illegal and must be refunded.

30 Jan 2019

The judgment concerns two criminal writ petitions filed by life convicts challenging the cutting of remission for late return from parole and seeking ...

High Court

Bombay High Court Quashes Notification Denying Furlough to Convicts Under Section 364 IPC — Rule 4(13) of Furlough and Parole Rules Held Ultra Vires. The Court held that the classification of convicts under Section 364 IPC as ineligible for furlough is arbitrary and violative of Article 14 of the Constitution.

5 May 2016

The petitioner, Santosh Namdeo Bhukan, was convicted under Sections 364, 302, and 201 of the Indian Penal Code (IPC) by the Additional Sessions Judge,...

High Court

Bombay High Court Strikes Down Sub-Rule 13 of Furlough Rules as Ultra Vires and Discriminatory — Convicts Convicted for Kidnapping Cannot Be Blanketly Denied Furlough. Sub-rule 13 of Rule 4 of the Maharashtra Prisons (Furlough and Parole) Rules, 1959, which excluded prisoners convicted for kidnapping from furlough, held arbitrary and violative of Article 14 of the Constitution.

28 Apr 2016

The petitioner, Sharad Devaram Shelake, was convicted by the Additional Sessions Judge, Pune under Sections 302 and 364 of the Indian Penal Code (IPC)...

High Court

Bombay High Court Allows Writ Petition Seeking Inquiry into Custodial Death and Directs Registration of FIR Against Police Personnel. Custodial Violence Alleged Against Deceased Son of Petitioner - Court Orders Inquiry by Chief Judicial Magistrate and Interim Compensation of Rs.50,000.

31 Mar 2006

The petitioner, Smt. Sonabai, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India seeking an inquiry into the death...

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