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Bombay High Court Discharges Public Servants in Jail Sepoy Recruitment Scam Case for Lack of Sanction Under Section 197 CrPC. Alleged Acts of Tampering with Marks Were Part of Official Duties, No Prima Facie Case of Criminal Conspiracy Made Out.

The Bombay High Court allowed a batch of writ petitions challenging the rejection of discharge applications by the Special Judge in a corruption case ...

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Bombay High Court Allows Furlough to Convicts Despite Past Overstay, Emphasizes Reformative Purpose of Furlough. Furlough is a right of a prisoner and cannot be denied solely on ground of past overstay without considering subsequent good conduct and period of incarceration.

The judgment pertains to two criminal writ petitions filed by convicts Satish Shankarrao Shinde and Nagnath Bapurao Sontakke, challenging the rejectio...

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Bombay High Court Dismisses Petition Against Double Punishment for Furlough Overstay — No Violation of Double Jeopardy as Remission Cut and Non-Reappointment as Convict Overseer Are Not Punishments Under Prison Rules.

The petitioner, Wilson Benjamin Castellino, a convict, was released on furlough on 19.11.2010 and was required to surrender on 4.12.2010. He failed to...

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Bombay High Court Reduces Prison Punishment for Overstaying Furlough — Cutting of Remission Modified to One Day for Each Day of Overstay. Principle of Proportionality Applied to Prison Discipline Under Prisons Act, 1894 and Prisons (Bombay Furlough) Rules, 1959.

The petitioner, Buwaji Sahadeo Hazare, a prisoner, filed a Criminal Writ Petition before the Bombay High Court challenging the prison punishment impos...

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Bombay High Court Upholds Dismissal of Jail Sepoy for Concealing Conviction Under Bombay Police Act — Non-Disclosure of Criminal Conviction by Disciplined Force Member Justifies Dismissal in Public Interest

The petitioner, Dnyanshwar Vithuji Ghude, was a jail sepoy (Rakshak) at Central Prison, Amravati, who joined service on 1.11.1964 and was confirmed on...