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Search Results for "prison conditions"

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Supreme Court

Supreme Court Issues Comprehensive Directions for Release of Undertrial Prisoners in Suo Motu Public Interest Litigation — Systemic Overcrowding and Violation of Article 21 Rights Addressed. The Court held that the continued incarceration of undertrial prisoners beyond the maximum period of imprisonment for the offences they are charged with violates their fundamental rights under Article 21 of the Constitution, and issued directions to ensure their release and prevent overcrowding.

1 Jan 2026

The Supreme Court of India, in a writ petition filed by the National Legal Services Authority (NALSA) under Article 32 of the Constitution, addressed ...

High Court

Bombay High Court Dismisses Petition Seeking House Arrest for UAPA Accused — No Power to Order House Arrest Under Cr.P.C. or UAPA. The court held that house arrest is not a recognized form of detention under the Code of Criminal Procedure, 1973 or the Unlawful Activities (Prevention) Act, 1967, and the petitioner's remedy lies in seeking regular bail.

26 Apr 2022

The petitioner, Gautam Navlakha, is an accused in NIA Special Case No.414/2020 along with 14 others for offences under various sections of the Indian ...

High Court

Bombay High Court Initiates Suo Motu Contempt Against Prison Superintendent for Wilful Disobedience of Emergency Parole Orders. Superintendent Selectively Applied Binding Precedent Under Rule 19(1)(c) of Maharashtra Prisons (Bombay Furlough and Parole) (Amendment) Rules, 2020, Refusing Release to 35 Eligible Prisoners While Granting Parole to 6 Ineligible Ones.

16 Mar 2022

The Bombay High Court at Nagpur initiated suo motu contempt proceedings against Shri Anupkumar M. Kumre, Superintendent of Central Prison, Nagpur, und...

High Court

Bombay High Court Holds Aurangabad Bench Has Jurisdiction Over Parole Rejection Order Passed at Nashik Central Prison — Reference Answered in Favor of Respondent Prisoner. Territorial Jurisdiction Determined by Place of Confinement and Communication of Order, Not Solely by Location of Prison Authority.

25 Jan 2021

The case arose from a reference made by a division bench of the Bombay High Court at Aurangabad regarding its territorial jurisdiction to entertain a ...

High Court

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.

26 Nov 2019

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

High Court

Bombay High Court Upholds Cutting of Remission for Late Return from Parole but Orders Refund of Illegal Deposit. Parolee's two-day delay in reporting back to prison justified cutting remission by two days, but the condition requiring deposit of Rs.15,000 for grant of parole is illegal and must be refunded.

30 Jan 2019

The judgment concerns two criminal writ petitions filed by life convicts challenging the cutting of remission for late return from parole and seeking ...

High Court

Bombay High Court Allows Furlough Leave for Open Prison Convict on Personal Bond. Full Bench ruling in Dipak Sudhakar Wakalekar held that convicts in open prison can be released on furlough by dispensing with surety requirement under Rule 6 of the Prison Rules, 1959.

24 Jul 2018

The petitioner, Nitin Vasant Gurav, a life convict sentenced under Section 302 read with Section 34 of the Indian Penal Code, was undergoing imprisonm...

High Court

Bombay High Court Allows Transfer of Undertrial Prisoner to Parent Jail for Convenience of Trial and Family Access. Transfer of undertrial prisoner without hearing is permissible as administrative act, but court directs transfer to Aurangabad Central Jail considering residence and trial location.

12 Jun 2017

The petitioner, Sayyad Jahir @ Shera Bakar Kureshi, an undertrial prisoner facing charges under Sections 302, 364, 201, 120(B), 143, 147, 149 of the I...

High Court

Bombay High Court Allows Furlough to Life Convict in Furlough Rejection Case — Nature of Offence Not a Valid Ground for Denial Under Prisons (Bombay Furlough and Parole) Rules, 1959. Furlough is a right, not a privilege, and cannot be denied solely because the prisoner was convicted under Section 366 IPC.

4 Sep 2013

The petitioner, Subhash Hiralal Bhosale, was convicted under Sections 376(2), 366, 342, 506(II) read with 120(B) of the Indian Penal Code and sentence...

High Court

Bombay High Court Clarifies Scope of Section 390 CrPC in Appeals Against Acquittal - Accused Not Entitled to Bail as a Matter of Right Upon Issuance of Warrant. The Full Bench overruled earlier Division Bench decisions and held that judicial discretion governs the grant of bail or committal to prison under Section 390 CrPC.

5 Oct 2012

The matter was referred to a Full Bench of the Bombay High Court due to a conflict between two Division Bench decisions and the purport of Section 390...

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