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Quashing of Criminal Case Involving Prison Offenses vs. IPC Offenses. A detailed look at the arguments, court decision, and interpretation of relevant sections in a case involving assault, obstruction of duty, and instigation of prisoners during transfer to Aurangabad Central Jail.

Two applications filed under Section 482 of the Code of Criminal Procedure, seeking the quashing of a criminal case against accused No. 1 and accused ...

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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 Petition of Life Convict for Transfer to Open Prison Despite TADA Conviction — Rule 4(ii)(n) of Maharashtra Open Prisons Rules, 1971 Does Not Create Absolute Bar. Court Directs Reconsideration of Representation Within Four Weeks, Citing Good Conduct and Parity.

The petitioner, Sardar S/ Shah Wali Khan, a life convict under the Terrorist and Disruptive Activities (Prevention) Act (TADA) sentenced on 6 June 200...

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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 at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

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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...