Karnataka HC Directs State To Reconsider Its Decision Of Not Allowing Emergency Parole To Prisoners Undergoing Sentence In Default Of Fine [Read Order]
4 years, 8 months ago

Karnataka HC Directs State To Reconsider Its Decision Of Not Allowing Emergency Parole To Prisoners Undergoing Sentence In Default Of Fine [Read Order]

Live Law  

The Karnataka High Court has directed the State government to reconsider its decision of not allowing 'emergency parole leave' to prisoners undergoing sentence in default of fine not preceded with substantive sentence. A division bench of Chief Justice Abhay Oka and Justice Nataraj Ramasway said "Prima facie, it appears to us that the exclusion introduced by Clause may not be. A division bench of Chief Justice Abhay Oka and Justice Nataraj Ramasway said "Prima facie, it appears to us that the exclusion introduced by Clause may not be consistent with the order of the Apex Court, issued under Article 142 of the Constitution of India. The bench said "It is apparent that the Karnataka Prison Rules, 2000 have been enacted to give effect to the directions of the Apex Court issued on 23rd March 2020.

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History of this topic

Trial Courts Must Be Cautious While Granting Permission To IO For Invoking Charges On Organised Crime U/S 111 BNS Against Accused: Karnataka HC
1 week, 3 days ago

Trial Courts Must Be Cautious While Granting Permission To IO For Invoking Charges On Organised Crime U/S 111 BNS Against Accused: Karnataka HC

Live Law  

The Karnataka High Court has said that trial courts are required to be more cautious while permitting the Investigation Officer to invoke the offence punishable under Section 111 of Bhartiya Nyaya Sanhita 2023. The application/requisition of the Investigation Officer seeking permission of the Court to invoke Section 111 of BNS, 2023, shall be accompanied with necessary documents/materials which would prima-facie …

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs
1 month ago

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs

The Hindu  

The High Court of Karnataka on Thursday asked the State government to respond to a PIL petition, which has questioned the legality of the Government Order issued in October 2024 for withdrawing 43 criminal cases, in which former Ministers, former MLAs, and persons belonging to influential organisations were arraigned as accused persons. Serious charges The serious charges under the provisions …

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court
1 month, 2 weeks ago

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court

The Hindu  

Convicts can be granted ordinary as well as emergency leave even if their appeals, against the conviction, were pending either before the High Court or the Supreme Court provided they were not facing trial in any other case, a Full Bench of the Madras High Court has held. The Full Bench agreed with State Public Prosecutor Hasan Mohamed Jinnah that …

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance
1 month, 3 weeks ago

Karnataka HC sends POCSO case against ex-CM back to trial court for fresh order on cognisance

The Hindu  

The High Court of Karnataka on Friday remitted to the trial court to pass appropriate order afresh on the issue of taking cognisance of offences based on the chargesheet filed against former Chief Minister B.S. Terming the July 4, 2024 order of taking cognisance of offence by the trial court as “bald, laconic and cryptic”, the High Court directed the …

Karnataka HC quashes trial court order against Yediyurappa in POCSO case; grants anticipatory bail
1 month, 3 weeks ago

Karnataka HC quashes trial court order against Yediyurappa in POCSO case; grants anticipatory bail

New Indian Express  

BENGALURU: The Karnataka High Court on Friday quashed the order passed by the trial court taking cognisance of the offences against former Chief Minister and BJP leader BS Yediyurappa under the provisions of the Protection of Children from Sexual Offences Act, 2012 and IPC, for his alleged sexual assault on a minor girl. Noting that the crime, investigation and the …

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court
1 month, 4 weeks ago

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court

Live Law  

the Courts while exercising its discretion at the time of passing the appropriate sentence in a given case, is entitled to use its discretionary power in awarding imprisonment or fine or with both. The Karnataka High Court recently observed that an accused who has suffered an order of conviction in a prosecution under Section 138 of the Negotiable Instruments Act …

Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release
2 months, 2 weeks ago

Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release

Live Law  

The Calcutta High Court has directed the release of a prisoner who was left languishing in jail after the authorities were unable to find the proper paperwork to allow for his premature release, which had been earlier granted.Justice Shampa Sarkar said: The Judicial Department is unable to locate the file and the applicant No.1 is languishing in the correctional home …

'Permitting Trial Would Be An Exercise In Futility': Karnataka High Court Quashes 'Oldest Case' In State After 44 Yrs
3 months ago

'Permitting Trial Would Be An Exercise In Futility': Karnataka High Court Quashes 'Oldest Case' In State After 44 Yrs

Live Law  

“ Therefore, if acquittal is eminent in a trial, permitting such trial against the accused would be nothing but waste of precious judicial time as is observed hereinabove. Thus, ends the oldest case, in the criminal justice system, of the State, perhaps, which is 44 years old.” Justice M Nagaprasanna while allowing the petition by Chadra alias V Chandrashekara Bhat, …

Supreme Court Expresses Disinclination To Stay Karnataka Lokayukta Investigation In DK Shivakumar Disproportionate Assets Case
3 months, 1 week ago

Supreme Court Expresses Disinclination To Stay Karnataka Lokayukta Investigation In DK Shivakumar Disproportionate Assets Case

Live Law  

In pleas challenging withdrawal of consent accorded by Karnataka government for CBI to prosecute Congress leader and Deputy CM DK Shivakumar in a disproportionate assets case, the Supreme Court today expressed disinclination to pass any interim order regarding ongoing investigation by Karnataka Lokayukta.A bench of Justices Surya Kant and Ujjal Bhuyan heard the matter, arising out of. In pleas challenging …

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead
3 months, 2 weeks ago

Karnataka High Court Modifies Imprisonment Sentence Of Cancer Patient For Wilful Disobedience Of Order, Imposes ₹3 Lakh Fine Instead

Live Law  

The Karnataka High Court has set aside one month's civil imprisonment term imposed on a cancer patient for the willful disobedience of the Court, instead it directed him to pay Rs 3 lakh fine. It said, “since the appellant is suffering from cancer and taking note of mental agony on the plaintiffs, it is appropriate to award a fine of …

Ensure release of prisoners languishing unnecessarily in jails: HC
3 months, 2 weeks ago

Ensure release of prisoners languishing unnecessarily in jails: HC

Deccan Chronicle  

The Madras High Court has asked its Registrar General to ensure that the process for release of prisoners languishing unnecessarily in jails was accelerated by completing the formalities.Filing of necessary petitions through the Legal Aid Services before the competent court should also be ensured.A division bench comprising Justices S M Subramaniam and M Jyothiraman passed the order on Monday on …

Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction
4 months, 2 weeks ago

Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction

Live Law  

The Karnataka High Court on Wednesday granted bail to 99 convicts in a decade old case of atrocity against members of the Scheduled Caste community at Marakumbi village. Therefore accused persons have made out grounds for grant of bail and case for suspension of sentence.” Accordingly, it granted bail and directed release of each of them on executing personal bond …

Karnataka HC order on Darshan’s interim bail plea today
4 months, 4 weeks ago

Karnataka HC order on Darshan’s interim bail plea today

New Indian Express  

BENGALURU: The Karnataka High Court on Wednesday will pass the order on the interim bail sought by actor Darshan, an accused in the Renukaswamy murder case, on medical grounds. Justice S Vishwajith Shetty reserved the order after hearing the arguments of Darshan’s counsel and the Special Public Prosecutor on the interim bail application. As the neurological navigation facility is not …

Savukku Shankar case: Supreme Court asks Tamil Nadu government if 15 FIRs pertain to one interview
6 months, 4 weeks ago

Savukku Shankar case: Supreme Court asks Tamil Nadu government if 15 FIRs pertain to one interview

The Hindu  

The Supreme Court on Friday directed the Tamil Nadu government to confirm if every one of the 15 First Information Reports registered by the State Police across several districts pertain to the same interview given by YouTuber Savukku Shankar. Chandrachud also questioned the State government’s move to issue one detention order as soon as Mr. Shankar is out from an …

'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act
7 months, 2 weeks ago

'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act

Live Law  

The Patna High Court on Wednesday ordered the release of a detenue who was detained pursuant to the order passed by the Joint Secretary, Government of India, under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The release was ordered because the opinion of the advisory board recommending the detention of the …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
8 months, 1 week ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny
9 months, 3 weeks ago

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny

The Hindu  

The High Court of Karnataka directed the prison authorities to release a convict on parole for 30 days on the petition filed by his wife, who has complained that she has been deprived of her conjugal right to have progeny. She married him on April 11, 2023, after the court granted him parole for 15 days from April 5 to …

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]
11 months, 1 week ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]

Live Law  

Citations 2024 LiveLaw 240 to 2024 LiveLaw 255 Arbitration and Conciliation Act 1996 Arbitration and Conciliation Act 1996; Section 78 – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred document into the …

Karnataka Excise Act | Police Can't File FIR Solely On Basis Of Seizure Panchnama: High Court
11 months, 2 weeks ago

Karnataka Excise Act | Police Can't File FIR Solely On Basis Of Seizure Panchnama: High Court

Live Law  

The Karnataka High Court has set aside the conviction handed down to two accused under Sections 32, 34 and 38-A of the Karnataka Excise Act, holding that the police cannot file an FIR on the basis of seizure panchanama. The petitioners are acquitted for the offences punishable under Sections 32, 34 and 38-A of Karnataka Excise Act.” The prosecution alleged …

Karnataka HC Refuses Parole To Serial Killer Umesh Reddy, Says Competing Public Interest Can't Be Ignored Especially In Case Of Life Convict
1 year, 1 month ago

Karnataka HC Refuses Parole To Serial Killer Umesh Reddy, Says Competing Public Interest Can't Be Ignored Especially In Case Of Life Convict

Live Law  

The Karnataka High Court has said that in cases where the convicts are undergoing life imprisonment, competing public interest cannot be ignored while considering their application seeking parole. “The Apex Court directed that the petitioner cannot claim remission till he completes 30 years which will not come in his way of seeking parole in justifiable circumstances,” he argued. The petitioner …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year, 1 month ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Jail Authorities Should Pass Considered Orders On Requests For Emergency Leave, Ordinary Parole Within 3 Weeks Of Application: Kerala High Court
1 year, 3 months ago

Jail Authorities Should Pass Considered Orders On Requests For Emergency Leave, Ordinary Parole Within 3 Weeks Of Application: Kerala High Court

Live Law  

In a significant decision, the Kerala High Court underscored the duty of jail authorities to consider applications moved by convicts and relatives of convicts for emergency leave, ordinary leave, and so on, within a fixed time frame. Kunhikrishnan took note that there were several petitions before the Court moved by convicts and their close relatives for getting emergency leave, ordinary …

High Court Grants Parole To Convict In Karnataka Church Attacks Case From 2000
1 year, 3 months ago

High Court Grants Parole To Convict In Karnataka Church Attacks Case From 2000

Live Law  

The Karnataka High Court recently granted parole to Mohammed Akhil who has been convicted for his involvement in attacks on churches in Hubli and other parts of the state in the year 2000. The petitioner relied on a coordinate bench of this Court in W.P.No.5780/2023, disposed on 12.07.2023 which granted parole to a co-accused in the same case. Following this, …

Parole May Be Refused Even To An Eligible Prisoner For Cogent Reasons: Kerala High Court
1 year, 7 months ago

Parole May Be Refused Even To An Eligible Prisoner For Cogent Reasons: Kerala High Court

Live Law  

In an important ruling, the Kerala High Court held that prisoners do not have an inherent right to claim parole or leave and that the right to seek temporary release is contingent on meeting the statutory conditions under the Prisons Act and Rules and the discretion to grant or deny such release lies with the competent authority. A Division Bench …

Tamil Nadu Minister Senthilbalaji’s arrest | Third judge of Madras High Court rules in favour of Enforcement Directorate
1 year, 8 months ago

Tamil Nadu Minister Senthilbalaji’s arrest | Third judge of Madras High Court rules in favour of Enforcement Directorate

The Hindu  

Arrested Tamil Nadu Minister V. Senthilbalaji suffered a major setback at the Madras High Court on Friday, with Justice C.V. Karthikeyan, the third judge named by Chief Justice S.V. To get today’s top stories from the State in your inbox, subscribe to our Tamil Nadu Today newsletter here Justice C.V. Karthikeyan also held that the Directorate of Enforcement can subject …

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
1 year, 9 months ago

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court

Live Law  

The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But the trial Court found him guilty and convicted and sentenced him to undergo 10 years imprisonment for the offence punishable under Section 6 of the Act. Such being …

Karnataka High Court Grants Parole To Convict For Meeting 75-Yr-Old Mother, Quotes Ramayana Verse 'Janani Janmabhumishcha Swargadapi Gariyasi'
1 year, 9 months ago

Karnataka High Court Grants Parole To Convict For Meeting 75-Yr-Old Mother, Quotes Ramayana Verse 'Janani Janmabhumishcha Swargadapi Gariyasi'

Live Law  

The Karnataka High Court has directed the Superintendent of the Open Air Prison to grant emergency parole of three weeks to a convict to meet his ailing mother. The court was told the application for parole couldn’t have been rejected by the Superintendent of Police, without appreciating the fact about the declining health condition of the petitioner's mother. The bench …

Karnataka High Court Directs Prison Authority To Consider Woman's Plea To Release Murder Convict On Parole For Their Marriage
1 year, 11 months ago

Karnataka High Court Directs Prison Authority To Consider Woman's Plea To Release Murder Convict On Parole For Their Marriage

Live Law  

The Karnataka High Court has directed the prison authorities to consider the representation of a woman and release a murder convict on parole leave, for him to marry her or else she would be given in marriage to someone else. It said “The respondents 2 and 3 are directed to consider the representations of the petitioners and release the detenue/Anand …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
2 years ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

Karnataka Loyayukta Moves Supreme Court Against Interim Pre-Arrest Bail Granted To BJP MLA Madal Virupakshappa
2 years ago

Karnataka Loyayukta Moves Supreme Court Against Interim Pre-Arrest Bail Granted To BJP MLA Madal Virupakshappa

Live Law  

The Karnataka Lok Ayukta has moved the Supreme Court challenging the Karnataka High Court's order granting interim anticipatory bail to BJP MLA in a bribery case.The matter was mentioned today morning before the Chief Justice of India for urgent hearing. The Karnataka Lok Ayukta has moved the Supreme Court challenging the Karnataka High Court's order granting interim anticipatory bail to …

81-Yr-Old To Volunteer At Anganwadi After Karnataka High Court Reduces Sentence To 3 Days In Grievous Hurt Case
2 years, 1 month ago

81-Yr-Old To Volunteer At Anganwadi After Karnataka High Court Reduces Sentence To 3 Days In Grievous Hurt Case

Live Law  

The Karnataka High Court has set aside the sentence of two years imposed on an 81-year-old convict and modified it to three days simple imprisonment after the convict volunteered to serve at an Anganwadi Centre for a period of one year. A single judge bench of Justice R Nataraj allowed the petition filed by Aithappa Naika in part and set …

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court
2 years, 1 month ago

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court

Live Law  

The Karnataka High Court has clarified that if a term of life imprisonment under section 302 of Indian Penal Code is imposed on an accused and another fixed term sentence is imposed for another charge, then both sentences will run concurrently and not consecutively. The Sessions Court in terms of its order dated 09.12.2010, convicted the petitioners herein and sentenced …

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court
2 years, 2 months ago

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court

Live Law  

The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences, Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 4 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Live Law  

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 5 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates
2 years, 6 months ago

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates

Live Law  

The Gujarat High Court has reiterated that where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine, Police officers must not arrest accused unnecessarily and Magistrate must not authorise detention casually and mechanically. The Bench comprising Justice AC Joshi refused to …

Accused Can't Ordinarily Move Quashing Plea If Sessions Court Granted Pre-Arrest Bail On Condition To Cooperate In Criminal Investigation: Karnataka HC
2 years, 6 months ago

Accused Can't Ordinarily Move Quashing Plea If Sessions Court Granted Pre-Arrest Bail On Condition To Cooperate In Criminal Investigation: Karnataka HC

Live Law  

The Karnataka High Court has said that an accused who has secured anticipatory bail orders at the hands of jurisdictional Sessions Judge, wherein a condition is stipulated for the accused to cooperate in the investigation process, cannot readily approach the High Court seeking quashing of the criminal proceedings. A single judge bench of Justice Krishna S Dixit while dismissing two …

Karnataka High Court refuses to interfere with lesser sentence imposed on accused who availed benefit of ‘plea bargaining’
2 years, 6 months ago

Karnataka High Court refuses to interfere with lesser sentence imposed on accused who availed benefit of ‘plea bargaining’

The Hindu  

The High Court of Karnataka has upheld the imposition of lesser punishment by the trial courts on a medical shop owner, who had availed of the benefit of ‘plea bargaining’ and was sentenced to imprisonment till the rising of the court and a fine of ₹10,000 as he had pleaded guilty of the charge of selling a certain drugs in …

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
2 years, 7 months ago

S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC

Live Law  

The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences …

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place
2 years, 8 months ago

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place

Live Law  

The Karnataka High Court has dismissed a petition filed by a former Civil Judge, Junior Division questioning the order dated March 22, 2021 passed by the state government ordering compulsory retirement from service. In 2019, he was posted as Additional Civil Judge, JMFC, Virajpet and by a Notification dated June 22, 2019, he was placed in charge as Civil Judge …

A Convicted Prisoner Has No Fundamental Or Statutory Right To Be Released Prematurely: Madras High Court
2 years, 10 months ago

A Convicted Prisoner Has No Fundamental Or Statutory Right To Be Released Prematurely: Madras High Court

Live Law  

The Madras High Court has reiterated that a convicted prisoner has no fundamental or statutory right to be released prematurely. The court was considering a petition filed by the mother of a life convict Hariharan challenging the Government order rejecting his premature release. Judicial Review of Pardoning Power The court also discussed the judgment of Sikkander v. State, in which …

Supreme Court Criminal Digest -April 2022
2 years, 10 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

Karnataka High Court Grants Bail To Juvenile Incarcerated For 2.5 Yrs; Maximum Punishment If Found Guilty Would Be 3 Yrs
2 years, 11 months ago

Karnataka High Court Grants Bail To Juvenile Incarcerated For 2.5 Yrs; Maximum Punishment If Found Guilty Would Be 3 Yrs

Live Law  

Observing that whereas the maximum punishment in respect of the alleged offence for which the accused, who was 17 years old at the time, is booked is of 3 years and he has already spent about 2½ years in custody, the Karnataka High Court passed an order granting bail. His application for bail under Section 12 of the Juvenile Justice …

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022
2 years, 11 months ago

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

"Record Satisfaction Before Authorizing Detention In Exercise Of Powers U/S 167 CrPC": AP High Court Directs Judicial Magistrates
3 years ago

"Record Satisfaction Before Authorizing Detention In Exercise Of Powers U/S 167 CrPC": AP High Court Directs Judicial Magistrates

Live Law  

The Andhra Pradesh High Court has directed the State Judicial Magistrates to record their satisfaction before authorizing the detention, in the exercise of powers under Section 167 Cr.P.C., and that they must apply their mind objectively in the obtaining facts of the case and pass a reasoned order.The Bench of Chief Justice Prashant Kumar Mishra and Justice A. V. Sesha …

Karnataka High Court Stays Proceedings Against Bengaluru Police Commissioner Kamal Pant For Alleged Delay In Ramesh Jarkiholi Case
3 years, 4 months ago

Karnataka High Court Stays Proceedings Against Bengaluru Police Commissioner Kamal Pant For Alleged Delay In Ramesh Jarkiholi Case

Live Law  

The Karnataka High Court on Thursday by way of interim relief stayed the operation, execution and all further proceedings which may be initiated against Bengaluru Police Commissioner Kamal Pant and two other police officers, pursuant to the order dated November 23, passed by the Magistrate court. Additional Chief Metropolitan Magistrate court had directed the Cubbon park police to investigate a …

Covid 19 Not A Valid Ground For Seeking Further Extension Of Parole Leave: Karnataka HC
3 years, 4 months ago

Covid 19 Not A Valid Ground For Seeking Further Extension Of Parole Leave: Karnataka HC

Live Law  

The Karnataka High Court has refused to extend the parole leave of a life convict on the grounds that he is suffering from COVID-19 disease. The court said, "The vehement submission of counsel for the petitioner that he has been suffering from COVID-19 disease and that he needs another extension of parole for his complete recovery cannot be sustained. Releasing …

Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection
3 years, 4 months ago

Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection

Live Law  

The Supreme Court on Friday refused to grant a stay on the criminal case lodged against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi for the offence of rape. A Bench comprising Justices M.R Shah and A.S Bopanna further ordered that the interim protection from arrest granted earlier by the High Court must be continued until the …

Karnataka High Court Extends All Interim Orders Passed Till August 23 Considering Pandemic Situation
3 years, 7 months ago

Karnataka High Court Extends All Interim Orders Passed Till August 23 Considering Pandemic Situation

Live Law  

The Karnataka High Court has extended the interim orders passed by the Karnataka High Court, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State over which the Court has the power of superintendence which are due to expire, to continue to operate till August 23. Accordingly, we direct that the …

Sister Abhaya Murder Case : Kerala High Court Seeks State's Response On Plea Challenging Parole Granted To Convicts
3 years, 8 months ago

Sister Abhaya Murder Case : Kerala High Court Seeks State's Response On Plea Challenging Parole Granted To Convicts

Live Law  

The Kerala High Court on Monday asked the State to file a statement while hearing the petition seeking immediate withdrawal of parole granted to the convicts in the Sister Abhaya murder case. The Division Bench of Justices K. Vinod Chandran and Ziyad Rahman A.A while issuing notice, sought the response of the concerned authorities in the matter. The writ petition …

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