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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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Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

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Bombay High Court Dismisses Petition of Convict Seeking Premature Release Under Remission Policy — MCOC Act Convict Not Entitled to Benefit of 2006 Policy as Subsequent 2010 Policy Excludes Organized Crime Offenders.

The petitioner, Arun Gulab Gawli, a convict under the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act), filed a writ petition seeking prema...

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Supreme Court Sets Aside High Court's Suspension of Life Sentence in Murder Case — Bail Granted Without Proper Application of Mind. High Court Failed to Consider Seriousness of Offence and Prima Facie Guilt Under Section 302 IPC.

The appellant, Omprakash Sahni, brother of the deceased Manish Kumar, filed appeals against a common order of the Patna High Court suspending the life...

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Supreme Court Dismisses Convicts' Appeals on Premature Release Under Goa Prisons Rules, 2006 Due to Parole Period Exclusion. Period of Parole Counted as Remission Under Rule 335 and Excluded from Actual Imprisonment for Calculating 14-Year Requirement for Premature Release.

The dispute arose from convicts undergoing life imprisonment who applied for premature release under the Goa Prisons Rules, 2006, claiming they had co...