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“Appropriate Government has the power to incorporate suitable conditions in an order granting permanent remission. The conditions must not be oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. The conditions cannot be vague and should be capable of being performed”.
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
A quick legal roundup to cover important stories from all High Courts this week.
The case concerns the premature release of an individual as recommended by the State Sentence Review Board, however, the release process stalled due to pending formalities with the Judicial Department.
“The impugned order is a stereotype order which is passed in almost every case by the State Government without application of mind.”
The High Court held that Arun Gawli is entitled to the benefits flowing from the State Remission Policy dated 10-01-2006, which was prevailing on the date of his conviction.
Bilkis Bano was 21 years old and five months pregnant when she was gang raped. She saw 14 of her family members being killed, including her 3-year-old daughter, in the 2002 Gujarat riots that broke out after the Godhra train burning.
Calcutta High Court emphasized the importance of considering the conduct of prisoners while in jail to ascertain their potential for committing further crimes after a long period of detention.
“If the view of the Presiding Judge, based on the judicial record, is mechanically followed, then the discretion of the executive empowered with execution of the sentence, would be denuded of its content”.
In a petition filed by Bilkis Bano, and other pleas in the nature of Public Interest Litigation, Supreme Court said that “we are only on legal and law and nothing to do with emotions.”
In petitions challenging the premature release of 13 life convicts by the State Government, the Madras High Court held that there is no reason to infer that the State has failed to consider relevant materials or passed the order of premature release for extraneous considerations.
Madras High Court said that when the court issues a specific direction, it’s the prison official's duty to verify it and clarify if they have doubts. Thus, held that the detention was illegal.
Supreme court has upheld a decision by the Bombay High Court that the period of parole should be excluded from the period of the sentence when considering 14 years of actual imprisonment for the purpose of premature release of convicts.
Supreme Court: In an appeal relating to the assassination of Rajiv Gandhi in 1991, the division bench of B.R. Gavai and B.V.
Bombay High Court: In a petition filed by two convicts (‘petitioners’) challenging an order dated 09-07-2021 passed by Home Department,
Supreme Court: In a case where a man had brutally raped and murdered a 7-year-old girl, the 3-judge bench of AM Khanwilkar,
Supreme Court: A Division Bench of Hemant Gupta and A.S. Bopanna, JJ. disposed of a criminal appeal holding, inter alia, that if
Supreme Court: Dealing with an issue relating to special remission being granted to certain categories of prisoners by the Governor of Haryana
Supreme Court: The Bench comprising of Kurian Joseph and S. Abdul Nazeer, JJ., while allowing an appeal directed for a premature release