Search Results for "Prisons Rules"

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Search Results for "Prisons Rules"

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High Court

Bombay High Court Allows Writ Petition Challenging Punishment for Overstaying Furlough/Parole — Remission Forfeiture Set Aside as Disproportionate. Principle of Proportionality Applied to Prison Discipline: Punishment Must Be Commensurate with Gravity of Misconduct, Not Automatic Based on Days of Overstay.

15 Feb 2013

The petitioner, Shafi Vazruddin Qureshi, was convicted for murder under Section 302 read with 149 IPC and sentenced to life imprisonment. While underg...

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 Quashes Rejection of Furlough for Open Prison Inmate Due to Non-Application of Mind to Rule 6 Proviso. The court held that the authority must consider the proviso to Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959, which allows dispensation of surety bond for prisoners in Open Prisons.

1 Aug 2017

The petitioner, Manik Bapurao Shejal, was convicted under Section 302 read with Section 34 of the Indian Penal Code and was undergoing life imprisonme...

High Court

Bombay High Court Allows Parole for Prisoner to Attend His Own Marriage Under Rule 324(2) of Goa Prisons Rules, 2006. The court held that a prisoner's own marriage constitutes 'sufficient cause' for grant of parole under the amended rule, directing release for 15 days.

19 Jan 2017

The petitioners, Mrs. Cecilia Fernandes and Ms. Gayatri V. Bansode, filed a Criminal Writ Petition before the Bombay High Court at Goa seeking the rel...

Supreme Court

Supreme Court Examines Remission Policies Under Article 161 and CrPC in State Appeal. The Court held that constitutional remission powers under Article 161 of the Constitution prevail over statutory policies under Section 432 of the Code of Criminal Procedure, 1973, and policies are statutory rules under the Prisons Act, 1894.

3 Aug 2021

The dispute arose from an order by the High Court of Punjab & Haryana regarding State Government policies on granting remission to prisoners. The Stat...

High Court

Bombay High Court Dismisses Furlough Petition for Convict Under Section 376 IPC — Government Notifications Substituted, No Further Relief Required. Conviction for rape under Section 376 IPC is a valid ground for rejecting furlough, and the prayer for rectification of substituted notifications is infructuous.

25 Apr 2018

The petitioner, Pundalik G. Gole, was convicted by the learned Sessions Judge, Mumbai in Sessions Case No. 669 of 2011 for offences under Sections 376...

High Court

Bombay High Court Reduces Furlough Bond Amount for Convict in Murder Case — State's Minimum Bond Policy of Rs.1,00,000/- Held Unreasonable and Not Supported by Goa Prisons Rules, 2006. The Court directed reduction of bond to Rs.10,000/- with one surety, emphasizing that bond amount must be reasonable and not fixed arbitrarily under Rule 309 of Goa Prisons Rules, 2006.

21 Nov 2012

The petitioner, Bostiao @ Seby Rodrigues, a convict serving life imprisonment under Section 302 IPC, challenged a part of the order dated 26th October...

High Court

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.

2 May 2011

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

High Court

Bombay High Court Allows Furlough for Prisoners Despite Past Overstay on Parole — Overstay Not a Permanent Bar Under Prisons (Bombay Furlough) Rules, 1959. The Court held that furlough is a right of a prisoner and past overstay on parole cannot be a permanent bar for grant of furlough.

28 Jun 2006

The judgment concerns three criminal writ petitions filed by prisoners whose applications for furlough leave were rejected by the prison authorities o...

High Court

Bombay High Court Dismisses Convict's Petition Challenging Forfeiture of Remission for Overstaying Furlough. Superintendent's Order to Permanently Remove Prisoner from Remission Register Upheld as Valid Under Prison Rules, 1979, Chapter 27, Rule 26(2)(a).

29 Sep 2006

The petitioner, Bhagchand Masicharan Dhilor, was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment in Sessions C...

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