Search Results for "Prison Rules 1959"

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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.

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...

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Bombay High Court Allows Convicts' Applications for Furlough During COVID-19 Pandemic - Open Prison Convicts Granted Furlough Despite Pending Police Reports Due to Extraordinary Circumstances

The judgment pertains to six criminal applications filed by convicts housed in open prisons in Maharashtra (Paithan and Visapur) seeking furlough duri...

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Bombay High Court Allows Emergency Parole to Convict Under Amended Prison Rules During COVID-19 Epidemic. Convict Sentenced to Five Years Entitled to Favorable Consideration for Emergency Parole Under Rule 19(1)(C) of Prisons (Bombay Furlough and Parole) Rules, 1959.

The petitioner, Mukesh s/o Ramshankar Shivhare, a convict serving rigorous imprisonment of five years in Central Prison, Nagpur, filed a Criminal Writ...

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Bombay High Court Strikes Down Rule 19(2) of Bombay Parole and Furlough Rules, 1959 as Unconstitutional — Mandatory One-Year Gap Between Parole Releases Violates Article 14 and 21. Rule 19(2) held arbitrary and irrational for imposing blanket bar without considering individual circumstances.

The petitioner, Kantilal Nandlal Jaiswal, a life convict undergoing sentence for murder under Section 302 read with Section 149 IPC, along with other ...

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Bombay High Court Allows Furlough to TADA Convicts Despite Past Overstay, Emphasizes Reformative Purpose of Prison Leave. Furlough is a right of a convict and cannot be denied solely on ground of previous late surrender without considering overall conduct and period of incarceration.

The judgment concerns two criminal writ petitions filed by life convicts under the Terrorist and Disruptive Activities (Prevention) Act (TADA) challen...

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Bombay High Court Allows Convict's Parole Extension Due to Wife's Medical Emergency. Prison authorities directed to consider humanitarian grounds for extension of parole under Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959.

The petitioner, Hariom Vijay Pandey, a convict lodged in Nashik Road Central Prison, filed a Criminal Writ Petition before the Bombay High Court (Aura...

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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 Dismisses Convict's Furlough Petition Due to Previous Absconding Behavior. Rejection of furlough application upheld as petitioner had earlier absconded and was arrested, constituting a valid ground under Bombay Furlough and Parole Rules, 1959.

The petitioner, Murlidhar Ramchandra Bhalerao, a convict lodged in Central Prison, Nagpur, filed a Criminal Writ Petition challenging the rejection of...

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Bombay High Court Allows Petitions of Inter-State Prisoners Challenging Local Surety Condition for Furlough. Condition in Government Circular dated 16th December 2008 requiring local surety within Maharashtra for prisoners from other States held violative of Articles 14 and 21 of the Constitution.

The Bombay High Court dealt with two criminal writ petitions filed by prisoners Subodh Prasad and Jagbir Singh challenging the condition in Government...