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High Court of Karnataka Acquits Accused in Prison Offence Case Due to Lack of Sanction — Conviction Under Section 58 of Karnataka Prisons (Amendment) Act, 2022 Quashed as Prosecution Initiated Without Mandatory Previous Sanction Under Section 59 of the Act.

The petitioner, Shakuntala W/o Bhogappa Nayak Desai, was convicted by the V Additional Civil Judge and JMFC, Vijayapur in C.C. No. 9213/2022 for an of...

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High Court of Karnataka Enhances Sentence in POCSO Case — State Appeal Against Inadequate Sentence Allowed. Court holds that Section 5(1) of POCSO Act mandates minimum sentence of ten years and trial court's imposition of less than ten years is illegal.

The State of Karnataka filed an appeal under Section 377(1)(b) of the Code of Criminal Procedure, 1973, challenging the inadequacy of the sentence imp...

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Bombay High Court Allows Petition of Life Convict for Transfer to Open Prison Despite TADA Conviction — Rule 4(ii)(n) of Maharashtra Open Prisons Rules, 1971 Does Not Create Absolute Bar. Court Directs Reconsideration of Representation Within Four Weeks, Citing Good Conduct and Parity.

The petitioner, Sardar S/ Shah Wali Khan, a life convict under the Terrorist and Disruptive Activities (Prevention) Act (TADA) sentenced on 6 June 200...

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Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Custodial Death Case. Court holds that investigation by CB-CID is independent and fair, and no ground for transfer to CBI is made out.

The petitioner, Ramprasad Gupta, filed a criminal writ petition before the Bombay High Court seeking transfer of investigation into the custodial deat...

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Bombay High Court Allows Prisoners' Furlough Petitions — Imposition of Condition to Stay Outside District Held Invalid Under Prisons (Bombay Furlough and Parole) Rules, 1959. Competent Authority Cannot Impose Condition Not Contemplated by Rules; Orders Rejecting Furlough Set Aside.

The judgment concerns two criminal writ petitions filed by prisoners challenging orders rejecting their applications for furlough. The petitioners, Ra...

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Bombay High Court at Goa Allows Parole for Convict to Care for Ailing Daughter Under Rule 324 of Goa Prisons Rules, 2006. Petitioner made out sufficient cause for release on parole to attend to his daughter diagnosed with pneumonia and lower respiratory tract infection.

The petitioner, Jayesh Gurdas Naik, a convict lodged in Central Jail, Colvale, filed a criminal application through his next friend Rashmi Rajan Naik ...

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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 Allows Furlough to Convict in Terrorist Crime Case Due to Non-Retrospective Application of Prison Rules. Sub Rule (13) of Rule 4 of Prisons (Bombay Furlough and Parole) Rules, 1959 Cannot Be Applied to Offences Committed Before Its Enactment on 23.02.2012.

The petitioner, Abdul Gani Ismail Turk, was convicted in the 1993 Mumbai Serial Bomb Blast case and sentenced to death by the TADA Court. The Supreme ...

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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.

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