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Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

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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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Supreme Court Commutes Death Sentence to Life Imprisonment for Mentally Ill Accused in Rape and Murder Case — Non-Compliance with Section 235(2) CrPC and Supervening Mental Illness Considered

The Supreme Court of India heard a review petition filed by an accused (referred to as 'Accused X') against his conviction and death sentence for the ...

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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 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 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 Allows Writ Petition of Life Convict Seeking Premature Release — State's Order Requiring 26 Years Imprisonment Set Aside. Court holds that Government Resolution dated 15th March 2010 requires specific finding of exceptional violence to deny premature release after 14 years.

The petitioner, Santosh @ Sonu Balram Jadhav, was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment on 21st July...

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Bombay High Court Dismisses Petition of Convicted Drug Trafficker Seeking Transfer to India Under Repatriation Act — Petitioner Failed to Show Compliance with Section 3(1) of Repatriation of Prisoners Act, 2003

The petitioner, Prem Kishore Raj, was convicted by the Supreme Court of Mauritius on 18th December 1997 for drug trafficking and sentenced to penal se...