Search Results for "statutory remission"

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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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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.

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

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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.

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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Supreme Court Allows Appeal in Remission Policy Applicability Case — 2002 Policy Governs Convicts Sentenced Before 2008 Policy Came Into Effect. The Court held that the policy in force at the time of conviction applies, and subsequent policy cannot be applied retrospectively to deny remission.

The appellant, Parveen Kumar @ Parveen Chauhan, was convicted for the murder of a 12-year-old child on 3rd January 2009 under FIR No.670 of 2007. He w...

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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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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.

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...