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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 Allows State's Petition, Upholds Reduction in Pension of Retired Jailor for Misconduct. Disciplinary Proceedings Validly Continued After Superannuation Under Rule 27(2) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The State of Maharashtra filed a writ petition challenging the order of the Maharashtra Administrative Tribunal which had set aside the punishment of ...

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Court Considers Bail for Inmate after 7.5 Years of Incarceration. Supreme Court orders re-evaluation of prolonged detention under MPID Act; High Court deliberates on legal arguments and case history for final decision.

The petitioner has been in jail for over seven and a half years for offenses under the Indian Penal Code (IPC) and the Maharashtra Protection of Inter...

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Bombay High Court Allows Furlough to Convict in POCSO Case — Emphasizes Furlough as Right, Not Privilege. The court set aside orders rejecting furlough solely on the ground of conviction under POCSO Act, directing reconsideration on merits.

The petitioner, Pintu Uttam Sonale, was convicted for offences under Section 376(2)(n) of the Indian Penal Code and Section 5(j)(ii) read with Section...

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Gujarat High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Lack of Independent Witnesses and Procedural Lapses. Acquittal of Accused for Possession of Contraband in Jail Upheld as Prosecution Failed to Prove Conscious Possession Beyond Reasonable Doubt.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal dated ...

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Bombay High Court Awards Compensation to Widow and Children for Death of Patient in Mental Hospital Due to Negligence. State Held Vicariously Liable for Failure to Provide Adequate Staff and Security at Yerwada Mental Hospital.

The petitioners, the widow and two children of a deceased man, filed a writ petition seeking compensation from the State of Maharashtra and its office...

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Madras High Court Allows Convict's Ordinary Leave for Fertility Treatment in Right to Procreation Case. Right to Procreation Recognized as Fundamental Right Under Article 21 of the Constitution of India, Rejection of Leave Based on Speculative Grounds Set Aside.

The petitioner, Jalani, is the wife of Muthumani, a life convict serving sentence at Central Prison, Madurai. The convict was convicted and sentenced ...

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Madras High Court Allows Undertrial Prisoner to Vote via Postal Ballot in Assembly Elections — Right to Vote Not Extinguished by Detention. Section 62(5) of Representation of the People Act, 1951 does not apply to undertrials; court directs Election Commission to facilitate postal ballot.

The petitioner, Hari Nadar, an undertrial prisoner confined in Central Prison, Puzhal, Chennai, filed a writ petition under Article 226 of the Constit...