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Bombay High Court Refers Conflict on Emergency Parole for POCSO Convicts to Larger Bench. Interpretation of Rule 19(1)(C) of Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 Requires Resolution of Conflicting Decisions on Entitlement of Convicts Under Section 376 IPC and POCSO Act.

The petitioner, Pintu Uttam Sonale, a convict under Section 376 of the Indian Penal Code and Sections 3, 4, and 5 of the Protection of Children from S...

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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 Dismisses Petition Challenging Categorization Under 1992 Guidelines for Premature Release of Life Convict in Murder During Robbery Case. Petitioner's Offence of Murder During Robbery Correctly Categorized Under Category 5(a) of the 1992 Guidelines, Which Superseded the 1978 Guidelines.

The petitioner, Harjeetsingh Niranjansingh Jabbal, was convicted under Sections 302 and 397 of the Indian Penal Code for murder committed during a rob...

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Bombay High Court Dismisses Convict's Petition Challenging Forfeiture of Remission for Overstaying Furlough. Superintendent's Order to Permanently Remove Prisoner from Remission Register Upheld as Valid Under Prison Rules, 1979, Chapter 27, Rule 26(2)(a).

The petitioner, Bhagchand Masicharan Dhilor, was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment in Sessions C...

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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...