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Bombay High Court Reduces Prison Punishment for Overstaying Furlough — Cutting of Remission Modified to One Day for Each Day of Overstay. Principle of Proportionality Applied to Prison Discipline Under Prisons Act, 1894 and Prisons (Bombay Furlough) Rules, 1959.

The petitioner, Buwaji Sahadeo Hazare, a prisoner, filed a Criminal Writ Petition before the Bombay High Court challenging the prison punishment impos...

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Bombay High Court Issues Guidelines for Detention of Overstaying Foreign Nationals in Suo Motu Writ Petition. Court directs State of Goa to establish detention centres and formulate standard operating procedures for handling foreign nationals who overstay their visas.

The Bombay High Court at Goa took suo motu cognizance of the issue of overstaying foreign nationals in the State of Goa, arising from a criminal writ ...

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Bombay High Court Allows Convict's Writ Petition for Premature Release Under Remission Rules - State Directed to Reconsider Application for Release After 14 Years of Imprisonment. Life Convict's Application for Premature Release Was Arbitrarily Rejected Without Proper Consideration of Remission Policy.

The petitioner, Bhima S/o Rangnath Adagale, a life convict serving sentence in Central Prison, Aurangabad, filed a Criminal Writ Petition before the B...

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Bombay High Court Allows Furlough for Prisoners Despite Past Overstay on Parole — Overstay Not a Permanent Bar Under Prisons (Bombay Furlough) Rules, 1959. The Court held that furlough is a right of a prisoner and past overstay on parole cannot be a permanent bar for grant of furlough.

The judgment concerns three criminal writ petitions filed by prisoners whose applications for furlough leave were rejected by the prison authorities o...

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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 Convict's Petition Alleging Double Jeopardy for Parole Overstay. Non-appointment as Night Watchman is not a punishment but a discretionary privilege, and remission cut is a valid disciplinary measure.

The petitioner, Imran Khan Sardar Khan, a convict lodged in Central Prison, Nagpur, filed a Criminal Writ Petition alleging double jeopardy. He was re...