Calcutta High Court Directs Release Of Prisoner Left 'Languishing' In Jail After Dept Failed To Find His File For Premature Release
2 months, 1 week 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 despite an. Justice Shampa Sarkar said: The Judicial Department is unable to locate the file and the applicant No.1 is languishing in the correctional home despite an informed-decision of the Stage Sentence Review Board recommending premature release of the applicant No.1, which was directed to be complied with by a coordinate Bench and the Judicial Department was directed to complete the formalities by according approval. In view of the submissions made on behalf of the alleged contemnor through Mr. Basu Mallick, Additional Government Pleader, who has been engaged by the alleged contemnor that, direction be issued upon the correctional home authority to release the applicant No.1 on the basis of the recommendation made by the State Sentence Review Board, this Court directs the alleged contemnor to transmit this order to the correctional home with necessary instructions, she added. The said writ petition was disposed of by this Court, directing the Judicial Department to take necessary steps so that the final release order reaches the correctional home authorities within two weeks from the date.

High Court Applicant Judicial Department This Court Calcutta High Court Premature Release  no1  directs  left  jail  unable  judicial  premature  release  languishing  applicant  alleged  file  high  court  correctional  failed  prisoner  department

History of this topic

Breaking | Calcutta High Court Lifts Stay On Recruitment Of Civil Judge Candidates Who Qualified WBJS Exam 2022, Dismisses Pleas Challenging Process
6 days, 14 hours ago

Breaking | Calcutta High Court Lifts Stay On Recruitment Of Civil Judge Candidates Who Qualified WBJS Exam 2022, Dismisses Pleas Challenging Process

Live Law  

In a breaking development, the Calcutta High Court has lifted the stay order on the recruitment of civil judges who qualified the West Bengal Judicial Services Exam, 2022.Justice Arindam Mukherjee dismissed multiple pleas which had challenged the conduct of the exams.Due to the pendency of the matter, the process of recruitment had been stayed by the High Court, and as …

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 …

RG Kar rape-murder case: Mamata Banerjee expresses dismay over Sealdah Court sentencing convict to life imprisonment; Calcutta HC grants permission to W.B. Govt to file appeal
2 months ago

RG Kar rape-murder case: Mamata Banerjee expresses dismay over Sealdah Court sentencing convict to life imprisonment; Calcutta HC grants permission to W.B. Govt to file appeal

The Hindu  

RG Kar case: Mamata Banerjee slams court verdict, calls for capital punishment West Bengal Chief Minister Mamata Banerjee on Tuesday again expressed dismay over the Sealdah Court order which awarded life imprisonment till death to Sanjay Roy the sole convict in the rape and murder of a doctor at a State-run hospital. The Sealdah Court sentenced Roy to life imprisonment …

SC asks UP government to consider premature release of Babloo Srivastava
2 months, 1 week ago

SC asks UP government to consider premature release of Babloo Srivastava

New Indian Express  

The Supreme Court has directed the Uttar Pradesh government to take a decision within two months in connection with the gangster Babloo Srivastava's plea seeking a direction for his premature release in a 1993 murder of an additional customs collector. Babloo, alias Om Prakash Srivastava, had knocked on the doors of the apex court after the UP government informed the …

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 …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
4 months ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions
4 months, 1 week ago

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions

Live Law  

The Delhi High Court has ordered release of a murder convict serving life imprisonment 26 years after his incarceration by quashing the decision of Sentence Review Board rejecting his plea for premature release by calling it arbitrary, irrational and illogical.Referring to various scholars, Justice Anish Dayal underscored that SRB procedures require “better compliance and. The Delhi High Court has ordered …

Supreme Court comes to the rescue of man languishing in prison despite bail
6 months ago

Supreme Court comes to the rescue of man languishing in prison despite bail

The Hindu  

The Supreme Court set at liberty a man languishing in jail for four months after he got bail from the apex court due to his inability to furnish a local surety on Wednesday. A three-judge Bench headed by Justice Hrishikesh Roy directed the release of Ramchandra Thangappan Aachari, represented by advocates Neha Rathi and Pranav Sachdeva, on bail on his …

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused
7 months, 1 week ago

West Bengal Post-Poll Violence : Supreme Court Sets Aside HC Order Transferring Trial Of One Case, Says No Proper Service Of Notice To Accused

Live Law  

The Supreme Court on August 9 set aside an order of the Calcutta High Court, transferring the trial commenced at Coochbehar to Special CBI Court at Siliguri in the case lodged in the aftermath of the 2021 West Bengal Legislative Assembly elections for serious offences including murder and rape.The Supreme Court set aside the High Court order on the grounds …

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream
8 months, 3 weeks ago

Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream

Live Law  

The Calcutta High Court has ordered the release of a man who was arrested for making allegedly untoward and 'defamatory' comments against certain government functionaries during a Facebook live stream of an administrative meeting held by Chief Minister Mamata Banerjee.A single bench of Justice Amrita Sinha directed the release of the accused upon holding that the police's actions in arresting. …

Madras HC releases 2 life convicts who were behind bars for 20 years
8 months, 3 weeks ago

Madras HC releases 2 life convicts who were behind bars for 20 years

New Indian Express  

CHENNAI : The Madras High Court has ordered release of two life convicts of Puducherry after finding the grounds cited for rejection of their applications for premature release, as per the Puducherry Prison Rules, 2021, not sustainable. The orders were passed by a division bench of Justices MS Ramesh and Sunder Mohan recently on the petitions praying for release of …

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji
8 months, 3 weeks ago

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji

Live Law  

The Madras High Court on Wednesday granted four more months to the Chennai Principal and Sessions Court to complete trial in the money laundering case initiated by the Enforcement Directorate against former Tamil Nadu Minister Senthil Balaji. In February this year, while dismissing the bail application of Balaji, Justice Anand Venkatesh had asked the trial court to complete the trial …

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny
9 months, 2 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 …

SC to hear Maharashtra govt.'s plea on June 3 against premature release of gangster Arun Gawli
9 months, 3 weeks ago

SC to hear Maharashtra govt.'s plea on June 3 against premature release of gangster Arun Gawli

The Hindu  

The Supreme Court is scheduled to hear on Monday a plea of the Maharashtra government challenging a Bombay High Court order which paved the way for premature release of gangster-turned-politician Arun Gawli, who is serving life imprisonment in a murder case. A Vacation Bench of Justices Aravind Kumar and Sandeep Mehta will hear the plea of the State government in …

Madras High Court calls for legal services authority’s report on ‘Savukku’ Shankar’s health condition
10 months, 2 weeks ago

Madras High Court calls for legal services authority’s report on ‘Savukku’ Shankar’s health condition

The Hindu  

The Madras High Court on Wednesday called for a report from the Coimbatore District Legal Services Authority after being informed that the latter had deputed three empanelled lawyers and an orthopaedician to check on the health of YouTuber ‘Savukku’ Shankar, alias A. Shankar, following complaints of custodial violence in the Coimbatore Central Prison. While Senior Counsel R. John Sathyan, representing …

Modern Penology Seeks To Reform Prisoners Regardless Of Past; Releasing Bowbazar Blast Convict After 31 Yrs Sets Good Precedent For Other Inmates: Calcutta HC
11 months, 2 weeks ago

Modern Penology Seeks To Reform Prisoners Regardless Of Past; Releasing Bowbazar Blast Convict After 31 Yrs Sets Good Precedent For Other Inmates: Calcutta HC

Live Law  

The Calcutta High Court has allowed the premature release of a convict incarcerated for more than 31 years in connection with the infamous Bowbazar Blasts which rocked the city more than three decades ago.In noting the conflict between the human rights of an individual and the interest of the public a large, a single bench of Justice Sabyasachi Bhattacharya held:It …

Calcutta High Court Allows Early Release Of Convict Who Had Served 23 Yrs Of Life Imprisonment Sentence For Murdering Wife & 5 Children
1 year, 2 months ago

Calcutta High Court Allows Early Release Of Convict Who Had Served 23 Yrs Of Life Imprisonment Sentence For Murdering Wife & 5 Children

Live Law  

The Calcutta High Court has allowed a plea for early release, moved by a convict, who had been sentenced to life imprisonment for murdering his wife and five children by strangulation inside their house, as well as stabbing another tenant of the premises with a sharp weapon. The petitioner had approached the Court pointing out that in their remarks on …

Accused Can't Be Denied Right To File SLP On Ground Of Unsatisfactory Jail Conduct: Delhi High Court Grants Parole
1 year, 2 months ago

Accused Can't Be Denied Right To File SLP On Ground Of Unsatisfactory Jail Conduct: Delhi High Court Grants Parole

Live Law  

The Delhi High Court has observed that the right to effectively pursue legal remedy by filing Special Leave Petition in the Supreme Court, which is the last hope for availing justice, cannot be denied to an accused on the ground of “unsatisfactory conduct.”Justice Swarana Kanta Sharma said that such a right cannot be withheld or the remedy denied to an …

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year, 3 months ago

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

Live Law  

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code. Notably, although the Trial Court had been directed to dispose of the case within 31st …

Calcutta High Court Orders State To Reconsider Gang Rape Convicts' Plea For Premature Release, Says Can't 'Blindly' Cite Heinous Nature Of Crime
1 year, 5 months ago

Calcutta High Court Orders State To Reconsider Gang Rape Convicts' Plea For Premature Release, Says Can't 'Blindly' Cite Heinous Nature Of Crime

Live Law  

The Calcutta High Court has directed the State Sentence Review Board to reconsider the case of two gang rape convicts for premature release after 22 years of incarceration, which had been denied by the Board on earlier occasions. In reprimanding the authorities for being unable to fittingly consider the petitioners plea for remission, a single-bench of Justice Sabyasachi Bhattacharya held: …

Man languishes in jail for 3 extra years as authorities fail to open bail email
1 year, 5 months ago

Man languishes in jail for 3 extra years as authorities fail to open bail email

Firstpost  

The jail authorities told the high court that they were unable to open the attachment in the bail order that was emailed to them by the registry in 2020, and hence, the man could not be released The Gujarat High Court has ordered the state government to pay an amount of Rs 1 lakh to a man who had to …

Life Convicts Have No Inherent Right To Claim Premature Release: Punjab & Haryana High Court
1 year, 6 months ago

Life Convicts Have No Inherent Right To Claim Premature Release: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that a life convict has no inherent right to claim premature release as it is merely a concession, granted at the discretion of the State government after looking into various factors such as the conduct of the convict in jail, gravity and nature of the offence etc.The bench of Justice …

Supreme Court Imposes Cost On State of UP For Delay In Complying With Direction For Premature Release Of 4 Convicts
1 year, 7 months ago

Supreme Court Imposes Cost On State of UP For Delay In Complying With Direction For Premature Release Of 4 Convicts

Live Law  

The Supreme Court on Tuesday recently the State of Uttar Pradesh to pay a cost Rs.10,000/- to all four persons whose premature release directed by the Apex Court had been delayed by the state.A division bench of Justice Abhay S Oka and Justice Sanjay Karol imposed costs stating that there was no explanation from the authorities for the long delay …

Calcutta High Court Directs Sentence Review Board To Reconsider Plea For Remission Of Man Who Has Spent 23 Yrs In Jail
1 year, 7 months ago

Calcutta High Court Directs Sentence Review Board To Reconsider Plea For Remission Of Man Who Has Spent 23 Yrs In Jail

Live Law  

The Calcutta High Court has recently directed the West Bengal State Sentence Review Board to reconsider the plea of a petitioner, who has spent 23 years in incarceration, for remission of sentence, upon noting that the Board which had considered the plea was not only improperly constituted, but had also failed to consider the National Human Rights Commission Guidelines on …

'Barring Remission For Convicts Who Murdered Public Servants Discriminatory' : Bihar Govt Defends Premature Release Of Anand Mohan
1 year, 8 months ago

'Barring Remission For Convicts Who Murdered Public Servants Discriminatory' : Bihar Govt Defends Premature Release Of Anand Mohan

Live Law  

In a counter affidavit, recently, filed before the Supreme Court, the State of Bihar has defended the early release of former Bihar MP Anand Mohan, convicted in the case for mob lynching of Gopalganj District Magistrate, G. Krishnaiah in 1994. As per the remission policy of the State of Bihar, persons who are convicted for murder of public servants on …

Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago
1 year, 10 months ago

Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago

Live Law  

Terming the non-release of a detainee whose detention order under Public Safety Act was quashed by it last year as a very "disturbing scenario", the Jammu and Kashmir and Ladakh High Court has ordered District Magistrate, Baramulla to be personally present before it and also produce the detainee before it next week. A bench comprising Justice Rahul Bharti observed, "Through …

Calcutta High Court Seeks Explanation From Police Why Person Accused Of Threatening Alleged Gang-Rape Victim Released "Promptly"
1 year, 10 months ago

Calcutta High Court Seeks Explanation From Police Why Person Accused Of Threatening Alleged Gang-Rape Victim Released "Promptly"

Live Law  

The Calcutta High Court has expressed dismay at the action of Police authorities in "promptly releasing" a person, accused of threatening the victim of alleged gang rape case of Vedic Village in Rajarghat to withdraw her case. The division bench of Justice Ajay Kumar Gupta and Justice Joymalya Bagchi has directed the Officer-in-Charge of the concerned Police Station to appear …

Life Convicts Release Committee Must Meet Once In 2 Months: Karnataka High Court
1 year, 11 months ago

Life Convicts Release Committee Must Meet Once In 2 Months: Karnataka High Court

Live Law  

The Karnataka High Court has directed the state government to ask the Life Convicts Release Committee, headed by the Principal Secretary, State Home Department, to meet once in two months to review and pass orders on applications made for premature release/remission made by convicts serving life imprisonment. “I deem it appropriate to direct the State Government to henceforth direct the …

[Article 226] Calcutta High Court Intervenes To Provide Undertrial Prisoner's Vakalatnama To Counsel For Seeking Parole For Mother's Shradh
2 years ago

[Article 226] Calcutta High Court Intervenes To Provide Undertrial Prisoner's Vakalatnama To Counsel For Seeking Parole For Mother's Shradh

Live Law  

The Calcutta High Court on Monday directed the State to immediately hand over Vakalatnama duly executed by an under trial prisoner to his relatives and/or advocates of an undertrial prisoner. The application was filed by the brother-in-law of the undertrial prisoner under Article 226 of the Constitution of India praying for a direction upon the respondents authorities so that earlier …

Man Before MP High Court Seeking ₹10 Lakh Compensation For Excessive Imprisonment Sent Back To Prison Citing Erroneous Release
2 years, 5 months ago

Man Before MP High Court Seeking ₹10 Lakh Compensation For Excessive Imprisonment Sent Back To Prison Citing Erroneous Release

Live Law  

The Madhya Pradesh High Court recently dismissed the petition of a person seeking compensation for being imprisoned beyond his sentence on the ground that he was erroneously released early. Examining the submissions of parties and documents on record, the Court questioned the maintainability of the second application under Section 482 CrPC moved by the Petitioner. The Court observed that the …

With Just Few Months Left In His Sentence & Appeal Still Pending, Delhi High Court Orders Release Of Foreigner In NDPS Case
2 years, 5 months ago

With Just Few Months Left In His Sentence & Appeal Still Pending, Delhi High Court Orders Release Of Foreigner In NDPS Case

Live Law  

The Delhi High Court has suspended the sentence of a foreigner, who was awarded 10 years of imprisonment in a case registered under Narcotic Drugs and Psychotropic Substances Act in 2020, after noting that he has spent almost the entire period of his sentence without his appeal having been heard.Justice Jasmeet Singh was of the view that it will be …

Delhi HC Registers Suo Motu PIL To Consider Premature Release Of Elderly, Infirm Prisoners
2 years, 6 months ago

Delhi HC Registers Suo Motu PIL To Consider Premature Release Of Elderly, Infirm Prisoners

Live Law  

The Delhi High Court has registered a suo motu public interest litigation on the issue of premature release of old aged and infirm prisoners.A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response from Centre, Delhi Government and Director General while posting the matter for hearing on February 13, 2023. The Delhi High Court …

Prisoners May Be Granted Benefit Of Policy For Premature Release Prevalent At Time Of Conviction & Sentence: Punjab & Haryana High Court
2 years, 7 months ago

Prisoners May Be Granted Benefit Of Policy For Premature Release Prevalent At Time Of Conviction & Sentence: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that the policy of the state government with respect to premature release of prisoners, applicable to the relevant claim, would be the policy as applicable, at the time of verdict of conviction and sentence. It is trite law, that the policy applicable to the relevant claim, would be the policy as applicable, at …

"Every Day Of Freedom Matters": Delhi High Court Modifies Condition For Suspension Of Sentence To Personal Bond For Convict Unable To Furnish Surety
2 years, 8 months ago

"Every Day Of Freedom Matters": Delhi High Court Modifies Condition For Suspension Of Sentence To Personal Bond For Convict Unable To Furnish Surety

Live Law  

Granting relief to a woman convict, the Delhi High Court recently modified a suspension of sentence condition for deposit of surety bond to deposit of a personal bond instead, on account of her being unable to furnish the surety.Observing that every day of freedom matters, Justice Jasmeet Singh was of the view that the accused cannot be made to stay …

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost
2 years, 9 months ago

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost

Live Law  

The Calcutta High Court on Thursday opined that a litigant should not be penalised for the misconduct of his advocate and accordingly allowed an application seeking condonation of delay of about 9 years and 4 months in filing the revision petition.The counsel appearing for the petitioner submitted before Justice Kaushik Chanda that the petitioner had not been informed by his …

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 …

"This Is Ilegal Detention" : Delhi High Court Pulls Up MHA For Not Giving Premature Release To Prisoner Despite Order
2 years, 11 months ago

"This Is Ilegal Detention" : Delhi High Court Pulls Up MHA For Not Giving Premature Release To Prisoner Despite Order

Live Law  

The Delhi High Court on Wednesday pulled up the Union Ministry of Home Affairs for not complying with an order passed way back in January 2021 for granting premature release to a prisoner.A bench of Justice Subramonium Prasad warned that the MHA Secretary will be summoned personally to show-cause for not initiating contempt action, if the order is not complied …

Rajasthan High Court Issues Show Cause To District Collector, Jail Superintendent Over Delay In Deciding Convict's Emergent Parole
2 years, 11 months ago

Rajasthan High Court Issues Show Cause To District Collector, Jail Superintendent Over Delay In Deciding Convict's Emergent Parole

Live Law  

The Rajasthan High Court recently issued show cause notice to the Jail Superintendent and the District Collector in Bikaner, seeking their explanation over one month's delay in deciding the emergency parole application of a convict, whose mother had passed away.The bench comprising Justice Sandeep Mehta and Justice Rameshwar Vyas observed that Court has time and again directed the jail as. …

Calcutta High Court Weekly Roundup: March 28 To April 3, 2022
2 years, 11 months ago

Calcutta High Court Weekly Roundup: March 28 To April 3, 2022

Live Law  

Nominal Index Anubrata Mondal v. Union of India & Ors 2022 LiveLaw 94 Bharat Heavy Electricals Limited v. Optimal Power Synergy Ltd 2022 LiveLaw 95 In Re : Guddu Mondal @ Guddu Ali Mondal & Anr 2022 LiveLaw 96 Dr. Santi Prasad Sinha v. Md. All Acquittal Orders Must Be Forwarded To DLSA & District Magistrate For Due Intimation To …

Bombay High Court Orders 7 Days Jail For Prison Superintendent For Denying Emergency Parole To Eligible Prisoners
2 years, 11 months ago

Bombay High Court Orders 7 Days Jail For Prison Superintendent For Denying Emergency Parole To Eligible Prisoners

Live Law  

The Bombay High Court has held the Superintendent of Central Prison, Nagpur - Anupkumar M. Kumre - guilty of contempt and sentenced him to seven days' simple imprisonment for selectively denying prisoners emergency parole during the Covid pandemic. "If the Court finds that the Government's action in rejecting the grant of parole to a prisoner has the effect of suffocating …

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals
2 years, 11 months ago

Calcutta High Court To Consider Bail For Convicts Languishing In Jail For 14 Yrs Amid Pendency Of Their Appeals

Live Law  

The Calcutta High Court on Tuesday directed the Registrar of the High Court to prepare a list of appeals where the appellants are in jail for 14 years or more and list those matters before the Court for consideration of bail within 2 weeks. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi noted that the Supreme Court in …

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case
3 years ago

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case

Live Law  

The Delhi High Court has granted bail to a man incarcerated for almost 8 years in connection with a case registered under Narcotic Drugs and Psychotropic Substances Act, 1985, on account of inordinate delay in his trial and prolonged judicial custody.Justice Subramonium Prasad observed that there was an "egregious violation of an accused's right to personal liberty and right to …

'He Has Suffered Mental Pain': Calcutta High Court Reduces Sentence For Conviction U/S 489B IPC In Appeal Pending Since 1986
3 years, 1 month ago

'He Has Suffered Mental Pain': Calcutta High Court Reduces Sentence For Conviction U/S 489B IPC In Appeal Pending Since 1986

Live Law  

The Calcutta High Court on Thursday reduced the sentence awarded to a man charged under Section 489B and Section 489C of the IPC for forging currency notes after observing that he had undergone mental agony due to long pendency of criminal proceedings. Justice Rabindranath Samanta noted that the appellant had already served out the sentence for one and half months …

Overcrowding In Prisons: Calcutta HC Seeks State's Response On Status Of Mentally Ill Inmates, Non-Functional Jail Administrative Bodies
3 years, 2 months ago

Overcrowding In Prisons: Calcutta HC Seeks State's Response On Status Of Mentally Ill Inmates, Non-Functional Jail Administrative Bodies

Live Law  

The Calcutta High Court on Friday directed the State government to file a detailed affidavit stipulating the status of prisoners with regards to the following concerns- overcrowding in prisons, mental health problems faced by prisoners, and the issue relating to non-functioning of bodies and filing up of vacant posts in prisons across the State. Earlier, the Court vide order dated …

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old
3 years, 2 months ago

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old

Live Law  

The Supreme Court of India has issued notice to the Uttar Pradesh Government seeking their response to whether the State has any existing policy to consider the premature release of accused who are 80 years old or above and convicted on long drawn trial. Yogeshwaran appearing on behalf of the Petitioner before a bench comprising the Chief Justice of India, …

Calcutta HC Grants Bail To NDPS Accused In Custody For 6.5 Yrs Noting Inordinate Delay In Trial, Violation Of Article 21
3 years, 4 months ago

Calcutta HC Grants Bail To NDPS Accused In Custody For 6.5 Yrs Noting Inordinate Delay In Trial, Violation Of Article 21

Live Law  

The Calcutta High Court last week granted bail to an NDPS Accused while observing that there had been inordinate delay in the trial, which resulted in the infraction of his fundamental right under Article 21 of the Constitution of India.Importantly, the Bench of Justice Aniruddha Roy and Justice Joymalya Bagchi further observed that the restriction on. The Calcutta High Court …

Aryan Khan walks out of jail, but here's what he cannot do
3 years, 4 months ago

Aryan Khan walks out of jail, but here's what he cannot do

India Today  

Aryan Khan, son of Shah Rukh Khan, was released from jail after three weeks in connection with the Mumbai drugs bust case. CANNOT LEAVE INDIA WITHOUT COURT'S PERMISSION Aryan Khan and other accused will have to surrender their passports before the special NDPS court and shall not leave India without taking permission from the special court and they will have …

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case
3 years, 4 months ago

Supreme Court Issues Notice On Plea Challenging HC Order Which Set Aside Dismissal Of Application Seeking FIR Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case

Live Law  

The Supreme Court on Monday issued notice on a Special Leave Petition against an order of the Calcutta High Court setting aside the order of the Chief Judicial Magistrate at Alipore which had dismissed an application seeking FIR against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi in a rape case. The Bench was also apprised by …

Delhi High Court Registry Cites Staff Shortage As Reason For Delay In Communicating Parole Order To Jail
3 years, 7 months ago

Delhi High Court Registry Cites Staff Shortage As Reason For Delay In Communicating Parole Order To Jail

Live Law  

The Delhi High Court was recently informed by its Registry that release of two applicants from the prison was delayed as the parole orders were misplaced and could not be timely communicated to the jail authorities due to reduction in the staff strength.The submission was made before Justice Manoj Kumar Ohri during hearing of bail applications moved by Nazim Khan …

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