Search Results for "state remission"

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Search Results for "state remission"

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Supreme Court

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.

18 Feb 2025

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...

Supreme Court

Supreme Court Examines Remission Policies Under Article 161 and CrPC in State Appeal. The Court held that constitutional remission powers under Article 161 of the Constitution prevail over statutory policies under Section 432 of the Code of Criminal Procedure, 1973, and policies are statutory rules under the Prisons Act, 1894.

3 Aug 2021

The dispute arose from an order by the High Court of Punjab & Haryana regarding State Government policies on granting remission to prisoners. The Stat...

High Court

Bombay High Court Allows Remission for Convict in Abetment of Suicide Case Under Government Resolution. The court held that the nature of the offence (Section 306 IPC) is not a valid ground to deny remission unless the convict falls under excepted categories in the Government Resolution.

24 Sep 2018

The petitioner, Vitthal Rayaji Gadekar, was convicted for offences under Sections 498A and 306 of the Indian Penal Code and was serving his sentence a...

High Court

Bombay High Court Directs State to Obtain Convicting Judge's Opinion Before Considering Premature Release of Life Convict. The Court upheld the Sentence Review Board's recommendation for premature release but mandated compliance with Section 432 CrPC and Supreme Court precedent requiring judicial opinion before remission.

13 Sep 2019

The petitioner, Ravi Patil, was serving a life sentence for offences under Sections 302 and 201 of the Indian Penal Code at Central Jail, Colvale, Goa...

Supreme Court

Supreme Court Allows Disability Pension to Soldier Discharged for Schizophrenia — Mental Disorder Presumed Attributable to Military Service Under Rule 14 of Entitlement Rules. The Court held that in the absence of a note at enrolment and without reasons from the Medical Board, the disease is deemed to have arisen in service, entitling the appellant to disability pension.

3 Oct 2019

The appellant, Narsingh Yadav, was enrolled in the Indian Army on December 2, 2003, as a Craftsman (CFN). He served at peace stations in Bhopal and la...

High Court

Bombay High Court Quashes State’s Rejection of Convict’s Premature Release in Kidnapping and Murder Case, Directs Fresh Consideration Based on Reformation and SSRB Recommendation. State Cannot Mechanically Rely on Convicting Court’s Opinion When Prisoner Completes 14 Years Under Sections 302, 364-A IPC and Section 8 of Goa Children’s Act; SSRB Recommendation Based on IPHB Report and Good Conduct Must Be Holistically Weighed.

6 Aug 2026

The case concerns a writ petition filed by a convict serving life imprisonment for offences under the Indian Penal Code (Sections 120-B, 302, 364-A, 2...

High Court

Bombay High Court Allows Life Convict's Petition Challenging Forfeiture of Remission for Parole Overstay. Superintendent's Order Quashed for Non-Consideration of Explanation, Violating Natural Justice.

17 Jan 2020

The petitioner, Sandeep S/o Kisan Khadse, a life convict sentenced on 31.01.2003, was released on furlough leave on 16.02.2008 for 30 days. He oversta...

High Court

Bombay High Court Dismisses Petition Challenging Denial of Remission to Convict Based on Adverse Judicial Appraisal. Remission Under Section 432 CrPC Requires Well-Informed, Reasonable Decision and Judicial Appraisal is a Relevant Factor.

1 Feb 2019

The petitioner, Satish Dada Londhe, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court challen...

High Court

Bombay High Court Allows Prisoner's Petition Challenging Remission Cut for Overstaying Parole Due to Mother's Illness. Failure of Divisional Commissioner to Communicate Decision on Extension Application Violates Principles of Natural Justice, Rendering Punishment Invalid.

31 Jan 2006

The petitioner, Vishnu Tejram Bisen, a life convict sentenced under Section 302 IPC by the Sessions Court, Gondia, was released on parole for 30 days ...

High Court

Bombay High Court Upholds Prisoner’s Right to Consideration of Remission and Directs Fresh Judicial Appraisal. Denial of Remission Based on Nature of Offence Without Examining Government Circular Exceptions Held Improper.

1 Feb 2019

The matter arose from a criminal writ petition filed by a prisoner seeking remission under a Government Circular dated 3 June 2017, as amended, which ...

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