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High Court

Bombay High Court Quashes Rejection of Furlough Leave for Life Convict in NDPS Pending Case; Notification Dated 02.12.2024 Applies Only to Convicted Prisoners. Adverse Police Report Lacking Substantiated Reasons Cannot Deny Furlough, as Prisoner Retains Rights Under Article 21 of Constitution of India.

24 Jul 2025

The matter was a criminal writ petition filed under Articles 226 and 227 of Constitution of India by a life convict seeking quashing of order dated 31...

High Court

Bombay High Court Grants Bail to Under-Trial Accused in Murder Case Due to 9-Year Incarceration and HIV Condition. Long Incarceration Violates Right to Speedy Trial Under Article 21; Bail Granted Under Section 439 Cr.P.C.

14 Feb 2025

The applicant, Ganesh Madhukar Mendarkar, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wi...

High Court

Bombay High Court Considers Bail Application by Undertrial Accused in Murder Case Under Section 439 CrPC — Long Pretrial Incarceration and Delayed Trial Raise Article 21 Concerns. Long Detention of Over Six Years and Failure of Trial to Progress Beyond List of Witnesses Weighed in Favour of Accused Under Section 439 of Code of Criminal Procedure, 1973, and Section 302 of Indian Penal Code, 1860.

9 May 2025

The matter arose from Bail Application No. 1963 of 2025 preferred under Section 439 of the Code of Criminal Procedure, 1973 before the High Court of J...

High Court

High Court of Judicature at Bombay Considers Regular Bail Application Under Section 483 BNSS in 2017 Murder and Gang Rape Case. Undertrial Accused Charged Under Sections 302, 376(2)(G) and 201 IPC Held Entitled to Bail as Long Incarceration of Over Seven Years Eight Months Pending Trial and Release of Co-Accused on Bail Outweighed Prima Facie Gravity of Offences.

8 May 2025

The applicant, Accused No.1 in C.R. No. I 236 of 2017 registered with Shivajinagar Police Station for offences punishable under Sections 302, 376(2)(G...

High Court

Bombay High Court Allows Writ Petition for Premature Release of Life Convict Under Section 433A CrPC — Remission Period Includes Pre-Conviction Detention as Undertrial. The court held that the period of detention undergone as an undertrial prior to conviction must be counted towards the 14-year actual imprisonment requirement for premature release under Section 433A of the Code of Criminal Procedure, 1973.

3 Oct 2013

The petitioner, Subhash Devidas Deshmukh, was convicted along with 14 other accused in Sessions Trial No.149 of 2004 before the Sessions Judge, Parbha...

Supreme Court

Supreme Court Issues Comprehensive Directions for Release of Undertrial Prisoners in Suo Motu Public Interest Litigation — Systemic Overcrowding and Violation of Article 21 Rights Addressed. The Court held that the continued incarceration of undertrial prisoners beyond the maximum period of imprisonment for the offences they are charged with violates their fundamental rights under Article 21 of the Constitution, and issued directions to ensure their release and prevent overcrowding.

1 Jan 2026

The Supreme Court of India, in a writ petition filed by the National Legal Services Authority (NALSA) under Article 32 of the Constitution, addressed ...

High Court

Karnataka High Court Quashes Transfer Order of Undertrial Prisoner in Murder Case — Holds Magistrate Applied Blanket Transfer Without Assessing Individual Role. The Court Held That the Transfer of the Petitioner, Who Was Not Involved in Prison Misconduct, Violated Procedural Fairness and Set Aside the Impugned Order Under Sections 302, 201 IPC.

1 Oct 2024

The writ petition challenged an order passed by the XXIV Additional Chief Judicial Magistrate, Bengaluru, directing the transfer of the petitioner, an...

High Court

Bombay High Court Dismisses Convict's Petition for Set-off Under Section 428 CrPC — Detention in Unrelated Acquitted Case Cannot Be Set Off Against Sentence in Separate Conviction. The Court held that Section 428 CrPC requires detention during investigation, inquiry or trial of the same case, and the petitioner was not in custody in the case leading to his conviction.

11 Feb 2011

The petitioner, Sanjay Shriram Gondchar, a convict lodged in Central Prison, Amravati, filed a letter-petition seeking earlier release by claiming set...

High Court

Bombay High Court Allows Transfer of Undertrial Prisoner to Parent Jail for Convenience of Trial and Family Access. Transfer of undertrial prisoner without hearing is permissible as administrative act, but court directs transfer to Aurangabad Central Jail considering residence and trial location.

12 Jun 2017

The petitioner, Sayyad Jahir @ Shera Bakar Kureshi, an undertrial prisoner facing charges under Sections 302, 364, 201, 120(B), 143, 147, 149 of the I...

High Court

Bombay High Court Allows Petition of Life Convict Seeking Set-off of Undertrial Detention Under Section 428 CrPC. Prison Authorities Directed to Compute and Deduct Period of More Than Two Years Spent as Undertrial from Life Sentence After Commutation of Death Sentence.

28 Aug 2019

The petitioner, Clint Fernandez, was convicted in Sessions Case No. 112 of 2004 and sentenced to death by the trial court. He appealed to the Supreme ...

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