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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 at Goa Upholds Life Imprisonment for Kidnapping and Attempt to Murder in POCSO Case — Conviction Based on Testimony of Minor Victim and Medical Evidence

The judgment arises from three appeals against the conviction and sentence of Osban Fernandes (A.1) and Ramesh Bagve (A.2) by the Children's Court at ...

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Bombay High Court Dismisses State's Petition Challenging Sessions Judge's Order Permitting Home Food to Undertrial Prisoner on Medical Grounds. Power of Magistrate to Grant Home Food is Implicit in Detention Powers Under Prisons Act, 1984, and Medical Condition of Prisoner Justifies Such Permission.

The State of Maharashtra, through the Superintendent of Jail, Latur, filed a criminal writ petition under Article 227 of the Constitution of India cha...

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Bombay High Court Upholds Life Conviction of Wife for Murder of Husband Based on Circumstantial Evidence. Last seen theory and failure to explain death under Section 106 of Indian Evidence Act, 1872 led to conviction under Section 302 of Indian Penal Code, 1860.

The appellant, Jaishree Devkar, was convicted by the Additional Sessions Judge, Ambejogai, for the murder of her husband Rajabhau Devkar under Section...

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Bombay High Court Dismisses Acquitted Accused's Writ Petition for Rs.200 Crore Compensation as Acquittal Does Not Automatic Entitlement. The Court Holds That Compensation Under Article 226 Requires Proof of Malicious Prosecution and Violation of Fundamental Rights, Not Mere Acquittal.

The present writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 was filed by the peti...

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KAHC010005522012_1

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Bombay High Court Allows Petitions of Inter-State Prisoners Challenging Local Surety Condition for Furlough. Condition in Government Circular dated 16th December 2008 requiring local surety within Maharashtra for prisoners from other States held violative of Articles 14 and 21 of the Constitution.

The Bombay High Court dealt with two criminal writ petitions filed by prisoners Subodh Prasad and Jagbir Singh challenging the condition in Government...