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Search Results for "convict prisoner"

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Supreme Court

Supreme Court Allows State Appeal in Prison Transfer Case — Intra-State Transfer of Convict Upheld on Security Grounds. Transfer Order Based on Apprehension of Gang War and Insufficient Staff Held Valid Under Section 29 of Prisoners Act, 1900 and Rule 770(b) of State Jail Manual.

1 Jan 2025

The State of Jharkhand and others appealed against the High Court of Jharkhand's order quashing the transfer of respondent Vikash Tiwary, a life convi...

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...

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 Allows Bail Under Section 436-A CrPC to Convict in Pending Appeal — Mandatory Provision Overrides Section 389 CrPC Restrictions. Section 436-A CrPC Held Mandatory and Not Subject to Section 389 CrPC; Detention Period Includes Pre- and Post-Conviction Detention; Maximum Sentence for Computation is Maximum Imposable Sentence.

28 Aug 2020

The applicant, Maksud Sheikh Gaffur Sheikh, was convicted by the Additional Sessions Judge-4, Chandrapur on 01.08.2016 in Session Trial No.22 of 2015 ...

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 Allows Life Convict's Petition for Remission of 2 Years Under Government Circular Dated 6th August, 1997. Government Circular Applies to All Convicts Including Those Under Section 302 IPC, Court Directs State to Grant Remission.

27 Mar 2017

The petitioner, Nandkumar s/o Shivmurti Mundhe, a life convict undergoing sentence at Harsool Jail, Aurangabad, filed a Criminal Writ Petition under A...

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 Convicts' Petitions for Premature Release Under Remission Rules - Remission Policy Must Be Applied Uniformly Without Arbitrary Distinctions Based on Nature of Offence. The court held that the Government Resolution dated 27-02-2009 does not exclude MCOCA convicts, and denial of remission solely on that ground is arbitrary and violative of Articles 14 and 21 of the Constitution.

11 Nov 2014

The judgment concerns five criminal writ petitions filed by convicts seeking premature release under the remission policy of the State of Maharashtra....

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