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Supreme Court Clarifies Remission Power Under Section 432 CrPC — Emphasizes Need for Application, Reasoned Orders, and Procedural Fairness. The Court held that suo motu remission is impermissible, conditions must be reasonable, automatic revocation invalid, and reasons must be recorded for rejection.

The Supreme Court, in a suo motu writ petition, examined the scope and limitations of the power of the appropriate Government to remit sentences under...

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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 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 Life Convict's Petition Challenging Forfeiture of Remission for Parole Overstay. Superintendent's Order Quashed for Non-Consideration of Explanation, Violating Natural Justice.

The petitioner, Sandeep S/o Kisan Khadse, a life convict sentenced on 31.01.2003, was released on furlough leave on 16.02.2008 for 30 days. He oversta...

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Bombay High Court Allows Furlough for Life Convict Despite No Relative, Interpreting 'Relative' Broadly Under Goa Prison Rules. The court directed reconsideration of furlough application treating a non-relative as 'relative' under Rule 316(3) of Goa Prison Rules, 2006.

The petitioner, Bhau Valve, a life convict under Section 8(2) of the Goa Childrens Act, 2003 for sexually assaulting his daughter, had served nearly 1...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Execution. The Court Held That a 19-Day Gap Between Passing and Service of Detention Order Without Explanation Violates the Detenu's Right to Make a Representation Under Article 22(5) of the Constitution.

The petitioner, Vishnu @ Bablu Vasant Gawali, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Of...

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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 Petition Challenging SEBI Recovery Proceedings and Civil Imprisonment Order for Non-Payment of Dues. Recovery Officer's Order for Arrest and Detention of Defaulter Under Section 28A of SEBI Act, 1992 Upheld as Valid Exercise of Powers.

The petitioner, Vinod Hinigorani, filed a writ petition under Article 226 of the Constitution of India challenging the validity of orders dated 18.12....