Showing posts with label convict. Show all posts
Showing posts with label convict. Show all posts

Wednesday, 15 April 2026

Supreme Court: Convicts Sentenced To Only Fine Also Entitled To Benefit Of Probation Of Offender Act

 In light of the discussion in the preceding paragraphs, the expression 'release' has to be read accordingly. In this context, we are of the opinion that 'release' cannot mean release only from custody. It has to be read as releasing from the obligation to serve sentence of payment of fine. This view is further strengthened by the meaning of the word 'release' as contained in Advanced Law Lexicon2. It is defined, inter-alia, as 'to set at liberty'. Therefore, 'release' as contained in Section 4 of 1958 Act should be read as to set the offender at liberty from receiving sentence, even of fine only. {Para 26}

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1893 of 2026

Decided On: 10.04.2026

Milind and Ors. Vs. The State of Maharashtra

Hon'ble Judges/Coram:

J.K. Maheshwari and A.S. Chandurkar, JJ.

Author: J.K. Maheshwari, J.

Citation: 2026 INSC 355, MANU/SC/0351/2026.

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Sunday, 7 December 2025

LLM Notes: “Any torture or third-degree methods negate the basic human rights of human dignity and freedom of personal liberty. Discuss the notion of human rights and judicial attitude vis-à-vis these concepts as per Indian law.”

 INTRODUCTION (2-3 marks)

Torture and third-degree methods represent the antithesis of constitutional democracy and civilised governance. These practices—involving deliberate infliction of physical or mental pain by state authorities to extract confessions, obtain information, or intimidate individuals—fundamentally violate the core constitutional protections available to every person under the Indian Constitution. The notion of human dignity and personal liberty are not negotiable commodities or instrumental means to achieve law enforcement objectives; they are constitutional absolutes that cannot be suspended, circumscribed, or justified under any circumstances, no matter how pressing the state interest. The Indian judiciary has evolved a sophisticated framework through dynamic interpretation of Articles 21, 22, and 20 to establish that torture and third-degree methods are unconstitutional, violative of human dignity, destructive of personal liberty, and destructive of the rule of law itself.

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Monday, 1 September 2025

Supreme Court: Appellate court can not enhance sentence in appeal filed by accused against conviction in absence of counter appeal by complainant or state

 In this regard, it must be noted that for exercise of powers of the appellate court for enhancement of sentence in an appeal filed either by the State or the complainant or the victim, the Code of Criminal Procedure provides that the appellate court can reverse the finding and sentence and acquit or discharge the Accused, or order him to be re-tried by a court competent to try the offence, or alter the finding by maintaining the sentence, or with or without altering the finding, alter the nature or the extent, of the sentence so as to enhance or reduce the same. Thus, the power to enhance the sentence can be exercised by the appellate court only in an appeal filed by the State, victim or complainant, provided the Accused has had an opportunity of showing cause against such enhancement. It is further provided that the appellate court shall not inflict greater punishment for the offence which in its opinion the Accused has committed, than might have been inflicted for that offence by the court passing the order of sentence under appeal. Therefore, in an appeal for enhancement of sentence filed by the State etc., unless the conditions prescribed in the form of provisos to Section 386 of Code of Criminal Procedure are complied with by the appellate court, there cannot be an enhancement of sentence. Obviously in such an appeal for enhancement of sentence, the convict or the Accused is the Respondent and therefore there cannot be enhancement of sentence unless the Accused or convict has been heard. However, under the scheme of Section 386 of Code of Criminal Procedure vis-a-vis in an appeal for enhancement of sentence, there can also be an acquittal of the Accused as per Sub-clause (i) of Clause (c) of Section 386 of Code of Criminal Procedure. But, on the other hand, in an appeal from a conviction, it has been expressly stated that there cannot be enhancement of the sentence. Therefore, while in an appeal for enhancement of sentence filed by the State, the Accused can make out a case for acquittal or discharge or retrial, in the case of an appeal from conviction, the Respondent in such an appeal, namely the State or the victim or the complainant, cannot seek enhancement of the sentence than what has been awarded by the Trial Court in the absence of filing any appeal or revision. The above distinction can be explained by way of a latin maxim which has been discussed by Ujjal Bhuyan, J., while in Bombay High Court, in Jyoti Plastic Works Pvt. Ltd. v. Union of India and Ors.,   MANU/MH/1857/2020, in the following words:


40. In this connection we may refer to the maxim reformatio in peius. It is a latin phrase meaning a change towards the worse i.e., a change for the worse. As a legal expression it means that a lower court judgment is amended by a higher court into a worse one for those appealing it. In many jurisdictions, this practice is forbidden ensuring that an Appellant cannot be placed in a worse position as a result of filing an appeal. When the above phrase is prefixed by the words 'no' or 'prohibition', which would render the maxim as no reformatio in peius or prohibition of reformatio in peius, it would denote a principle of procedure as per which using a remedy available in law should not aggravate the situation of the person who avails the remedy. In other words, a person should not be placed in a worse position as a result of filing an appeal. No reformatio in peius or prohibition of reformatio in peius is a part of fair procedure and thus by extension can also be construed as part of natural justice. It is not only a procedural guarantee but is also a principle of equity.

14. The rationale of the above can be explained in simple language by stating that no Appellant by filing an appeal can be worse-off than what he was. That is exactly what we are seeking to reiterate in our judgment having regard to the facts of the present case.{Para 13}

Ratio Decidendi:

In an appeal filed by the Accused/convict and in the absence of any appeal filed by the victim, complainant or the State, the High Court cannot exercise suo motu revision either to enhance the sentence or to convict the Appellant on any other charge.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 2892-2893 of 2025.

Decided On: 04.06.2025

Nagarajan Vs. State of Tamil Nadu

Hon'ble Judges/Coram:

B.V. Nagarathna and S.C. Sharma, JJ.

Author: B.V. Nagarathna, J.

Citation: 2025 INSC 802,MANU/SC/0808/2025.

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Saturday, 16 August 2025

Bombay High Court Rejects Convict's Plea For Transfer To 'Open Prison' Citing Discipline Issue

 Here, in the present case, though it appears that petitioner was transferred to the close prison on 03.12.2024, the matter was put before the Selection Committee and the Committee has taken decision on 10.01.2025. The information that was put before the Selection Committee has also been placed before this Court and as aforesaid, the petitioner is stated to be found ineligible in view of Rule 4 (II) (d) & (n) of the Maharashtra Open Prisons Rules, 1971. Now, it is the case of the petitioner that Selection Committee has not heard him. Perusal of Ravi @ Ravindra Umaji Gunjkar (supra) would show that it is not stated that Selection Committee should hear the inmate. In both the matters i.e. in Ravi @ Ravindra Umaji Gunjkar (supra) and Dhananjay Namdeo Kharade (supra) the matter was not put before the Selection Committee at all. It is not the case and the procedure does not show that when the petitioner was selected by the Selection Committee for being transferred to open prison at that time he was heard. Now, on the basis of information supplied and the show cause notice that was given along with its reply was placed before the Selection Committee and on the basis of same the Selection Committee appears to have taken the decision. There is sufficient compliance of principles of natural justice and, therefore, we found that no case is made out for exercise of powers under Article 226 of the Constitution of India.

{Para 8}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.134 OF 2025

Ankur Narayan Panwar Vs  The State of Maharashtra

CORAM : SMT. VIBHA KANKANWADI &

SANJAY A. DESHMUKH, JJ.

PRONOUNCED ON : 11th JUNE, 2025

Citation: 2025:BHC-AUG:14574-DB

ORDER : ( PER : SMT. VIBHA KANKANWADI, J. )

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Friday, 15 August 2025

Bombay HC: What precaution the convicting court should take after suspending sentence of convict?

 Thus, the Cr.P.C. and BNSS have exhaustive provisions

for ensuring the presence of the accused including the convicted

accused so that the orders passed by the Trial Courts are

effective. In the present case, as can be seen the Appeal was filed

after a delay of 538 days. It was a long period. Till then, no steps

were taken either by the Trial Court or by the Police Officers in

committing the Applicant to the prison so that he served out the

sentence imposed on him. This is happening in many cases,

which needs to be avoided. Therefore, the Trial Courts will have

to follow a disciplined procedure so that this is not repeated and

the order of conviction and sentence passed by the Trial Court

could be given effect to. {Para 14}

15. In such a situation, when an order is passed u/s 389

(3) of Cr.P.C. (corresponding section 430 of BNSS), the Trial

Courts shall place the application on a particular date, after the

period for which the sentence is suspended in a case gets over,

for compliance. The Trial Courts shall specify that the bond shall

be executed for his appearance on that particular date. The

application u/s 389 of Cr.P.C. (corresponding section 430 of

BNSS) shall be placed on that date for compliance and unless

the Applicant in such case produces, the order of the Appellate

Court suspending the sentence for a further period, the Trial

Court shall take steps to issue conviction warrant for execution

of sentence u/s 418 of Cr.P.C. (corresponding section 458 of

BNSS); unless, the Applicant shows sufficient reasons for

extending that period for a reasonably sufficient time. 


16. If the Applicant is not present before the Court, then

the Trial Court can take recourse to section 89 of Cr.P.C.

(corresponding section 92 of BNSS) by issuing warrant for

breach of the bond. This procedure will ensure that the orders

passed granting bail post conviction for a limited period are not

misused by the convicted accused unless the sentence is

suspended by the Appellate Court. All these practices and

procedure can be based on the above provisions of Cr.P.C. and

the corresponding provisions from BNSS, which shall be

followed by the Trial Courts. Even the investigating agency has

a role to play. It is their duty to see that the convicted accused

undergoes his sentence. The investigation has to be taken to its

ultimate logical end.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.2746 OF 2025

IN

CRIMINAL APPEAL (ST) NO.15106 OF 2025

Rajendra Padmakar Tayade Vs The State of Maharashtra .

CORAM : SARANG V. KOTWAL, J.

DATE : 04th AUGUST, 2025

Citation: 2025:BHC-AS:34391

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Thursday, 3 July 2025

Kerala HC: Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners

Therefore, the benefit of the first proviso to sub section (1) has only been given to the under-trial prisoners with retrospective effect and not to the convicted prisoners. The learned counsel for the applicant/accused referred to the dictum in Satender Kumar Antil v. Central Bureau of Investigation, MANU/SC/0851/2022 : 2022:INSC:690 : 2022 (4) KHC 570 : AIR 2022 10 SCC 51 in which it has been held that appeal or revision shall also be construed as a facet of trial. It was also held that delay in taking up the appeal coupled with the benefit conferred under Section 436A Cr.P.C. among other factors shall be considered for a favorable release on bail. Section 479 BNSS which has substituted Section 436A Cr.P.C. is more beneficial and hence the benefit is to be granted to the applicant/accused, goes the argument.


Here the crucial question is not whether Section 479 BNSS is applicable to appeal and revisions, but the question is whether retrospective effect of the provision can be given to convicted prisoners also. The Apex Court as per the aforesaid order has extended the benefit of the first proviso to Section 479 BNSS with retrospective effect only to under-trial prisoners. When the Apex Court is presently seized of the matter and is monitoring implementation of Section 479 BNSS, propriety demands that this Court refrain from interpreting and passing orders regarding its applicability to convicted prisoners retrospectively. Hence, the relief claimed by the applicant/first accused cannot be granted.

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl. M. Appl. No. 1/2023 in Crl. A No. 1042 of 2023 and Crl. Appeal No. 1042 of 2023

Decided On: 14.01.2025

Arunkumar Vs. State of Kerala

Hon'ble Judges/Coram:

C.S. Sudha, J.

Citation: MANU/KE/0696/2025.

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Sunday, 22 December 2024

Supreme Court: Under which circumstance the court can release convict on personal bond after acquittal in appeal?

 It would be a travesty of justice if the petitioner is unable

to secure the benefit of bail order for his inability to furnish

local surety. This will infringe the rights guaranteed under

Article 21 of the Constitution for the person, who continues to be

detained despite a bail order in his favour. {Para 6}

7. Having considered the circumstances here, we deem it

appropriate to say that the petitioner be released on bail on his

personal bond without insisting on local surety, to ensure

compliance with this Court’s bail order dated 03.05.2024.

 S U P R E M E C O U R T O F I N D I A

 RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 3363/2024

RAMCHANDRA THANGAPPAN AACHARI  Vs

THE STATE OF MAHARASHTRA 

 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY

 HON'BLE MR. JUSTICE SUDHANSHU DHULIA

 HON'BLE MR. JUSTICE S.V.N. BHATTI

Date : 18-09-2024

 UPON hearing the counsel the Court made the following

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Saturday, 2 November 2024

Supreme Court directs all courts to append a coversheet to judgment informing the convict about availability of free legal aid facilities for pursuing higher remedies while furnishing copy of judgment of conviction/dismissal/reversal of acquittal/dismissal of bail applications

xvi. We direct the Registry to forward a copy of this judgment to all the High Courts in the country. The High Courts may consider the feasibility of issuing a practice direction to the effect that all courts including the High Court while furnishing the copy of the judgment of conviction/dismissal/reversal of acquittal/dismissal of bail applications, may append a coversheet to the judgment informing the convict about the availability of free legal aid facilities for pursuing higher remedies. The coversheet may set out the contact address and phone number of the legal aid committee attached to the court for seeking appropriate guidance. Similar information may be made available in the notices issued to the Respondents by the concerned courts in appeals against acquittal. The High Courts may on their webpage carry information about the legal aid facilities available in the State.

REPORTABLE

IN THE SUPREME COURT OF INDIA

Writ Petition No. 1082 of 2020

Decided On: 23.10.2024

Suhas Chakma Vs. Union of India (UOI) and Ors.

Hon'ble Judges/Coram:

B.R. Gavai and K.V. Viswanathan, JJ.

Author: K.V. Viswanathan, J.

Citation: MANU/SC/1147/2024,2024 INSC 813.

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Monday, 2 September 2024

Gujarat HC: Factor to be considered by the Appellate court before suspending sentence of convict

 Before adverting to the submissions and to

ascertain, whether the applicant has made out a case

for suspension of sentence, it is necessary to see the

legal position.

(i) Section 389(1) of the Cr.P.C., enjoins upon the

Appellate Court the power to pass an order for the

suspension of sentence or order of conviction during

the pendency of an Appeal. The statutory provision

says that, pending any appeal by convicted persons,

the appellate Court may reasons to be recorded by it

in writing, order that the execution of the sentence or

order appealed against, be suspended and also if he

is in confinement, that he be released on bail or on

his own bond. The Apex Court in Rajesh Ranjan

Yadav Vs. CBI (2007 (1) SCC 70), after referring

its earlier decisions, [Kashmira Singh Vs. State of

Punjab (1977 4 SCC 291) and Bhagirathsing Vs. State

of Gujarat (1984 (1) SCC 284)] in para-10, observed

that, there is no absolute and unconditional rule

about when bail should be granted. The observations

made in para-10 reads as under:

“Para-10: “In our opinion, none of the

aforesaid decisions can be said to have been

laid down any absolute and unconditional rule

about when bail should be granted by the

court and when it should not. It all depends

upon the facts and circumstances of each

case and it cannot be said that, there is any

absolute rule that, because of long period of

imprisonment has expired, bail must

necessarily be granted.”

(ii) In the case of Ash Mohammad Vs.

Shivrajsinh @ Lalla Babu and another, (2012) 9

SCC 446, the Supreme Court in para-30, while

examining the societal interest and considering the

antecedents examined the post conviction bail and

discussed on the issue of desirability to suspend the

sentence and grant of bail. Para-30 reads as under :

“30. We may usefully state that when the

citizens are scared to lead a peaceful life and

this kind of offences usher in an impediment in

establishment orderly society, the duty of the

court becomes more pronounced and the

burden is heavy. There should have been

properly analysis is criminal antecedents.

Needless to say, imposition of condition is

subsequent to the order admitting an accused

to bail. The question should be paused whether

the accused deserves to be enlarged on bail or

nor and only thereafter, imposing conditions

would arise. We do not deny for a moment that

period of custody is relevant factor but

simultaneously the totality of circumstance and

criminal antecedents are also to be weighed.

They are to be weighed in the scale of collective

crime and desire. The societal concerned has to

be kept in view in juxtaposition of individual

liberty. Regard being head to the said

parameter, we are inclined to think that the

social concerned in the case at hand, deserves

to be given priority over-lifting the restriction on

liberty of the accused.”

[emphasis supplied]

(iii) In Sidhartha Vashisht @ Manu Sharma Vs.

State (NCT of Delhi) reported in (2008) 5 SCC 230,

referring the decision of Vijaykumar (2002) 9 SCC 364,

the Supreme Court while examining the prayer of

suspension of sentence emphasized that, in a case of

involved in a serious offence, the court should

consider all relevant factors like the nature of

accusation made against the accused, the manner in

which the crime is alleged to have committed, the

gravity of offence, the desirability of releasing the

accused on bail after he has been convicting for

committing serious offence and also bearing in mind

that, when the accused has been found guilty then,

initial presumption of innocence in his favour is no

more available to the applicant and therefore, the

appellate Court shall not suspend the sentence except

only in an exceptional case and that too, in a case of

existence of reasons to suspend the sentence.

(iv) Recently, Supreme Court while considering the

scope of Section 389(1) of the Cr.P.C. in the case of

Omprakash Sahani Vs. Jayshankar Chaudhary

(2023) 6 SCC 123, after referring the earlier all

decisions on this aspect, observed and held that, while

dealing with the case of suspension of sentence and

grant of bail, the appellate Court before allowing the

prayer, should prima-facie come to a conclusion that,

the conviction may not be sustainable. Para-33 is

relevant to refer and same is reproduced hereunder:

“Para-33: Bearing in mind the aforesaid

principles of law, the endeavour on the part of

the Court, therefore, should be to see as to

whether the case presented by the

prosecution and accepted by the Trial Court

can be said to be a case in which, ultimately

the convict stands for fair chances of

acquittal. If the answer to the above said

question is to be in the affirmative, as a

necessary corollary, we shall have to say that,

if ultimately the convict appears to be entitled

to have an acquittal at the hands of this Court,

he should not be kept behind the bars for a

pretty long time till the conclusion of the

appeal, which usually take very long for

decision and disposal. However, while

undertaking the exercise to ascertain whether

the convict has fair chances of acquittal, what

is to be looked into is something palpable. To

put it in other words, something which is very

apparent or gross on the face of the record, on

the basis of which, the Court can arrive at a

prima facie satisfaction that the conviction

may not be sustainable. The Appellate Court

should not reappreciate the evidence at the

stage of Section 389 of the CrPC and try to

pick up few lacuna or loopholes here or there

in the case of the prosecution. Such would not

be a correct approach.” {Para 16}

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2023.

R/CR.A/607/2023 IA 

 ASHUMAL @ ASHARAM S/O THAUMAL SINDHI (HARPALANI) Vs STATE OF GUJARAT

CORAM: MR. JUSTICE ILESH J. VORA and  MR. JUSTICE VIMAL K. VYAS.

Author:  MR. JUSTICE ILESH J. VORA.

JUDGMENT DATED: 29/08/2024.

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Wednesday, 17 July 2024

Supreme Court: Appellate court should impose reasonable conditions while suspending sentence of convict

 It is also of some significance to note that whereas under Section 357(1) of the Code of Criminal Procedure a fine of Rs. 5000/- can be imposed; fine in terms of Section 357(2) thereof can be twice the amount of cheque whereas there is no upper limit for award of a compensation. But the same would be subject to other provisions of the Code of Criminal Procedure which mandates that the amount of fine imposed on an accused cannot be more than Rs. 5000/-. The very fact that the Parliament did not think it fit to put a ceiling limit in regard to the amount of compensation leviable upon an accused, the discretionary jurisdiction thereto must be exercised judiciously. Ordinarily, an accused shall not be taken in custody during trial. Thus, while exercising the appellate power, ordinarily, a person should not suffer imprisonment only because the conditions imposed for suspending the sentence are harsh.{Para 68}


69. We are of the opinion that having regard to the aforementioned factors the amount of compensation not only must be reasonable one, the conditions for suspending the sentence should also be reasonable. It is only with that intent in view, the doctrine of purposive construction should be applied.

70. We would, however, like to put a note of caution that the right of an accused unnecessarily need not be enlarged but it is the court's duty to duly protect his right.

72. We, therefore, are of the opinion:

i) In a case of this nature, Sub-section (2) of Section 357 of the Code of Criminal Procedure would be attracted even when Appellant was directed to pay compensation;


ii) The Appellate Court, however, while suspending the sentence, was entitled to put the appellant on terms. However, no such term could be put as a condition precedent for entertaining the appeal which is a constitutional and statutory right;


iii) The amount of compensation must be a reasonable sum;


iv) The Court, while fixing such amount, must have regard to all relevant factors including the one referred to in Sub-section (5) of 357 of the Code of Criminal Procedure;


v) No unreasonable amount of compensation can be directed to be paid.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 521 of 2007 

Decided On: 10.04.2007

Dilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd. and Ors.

Hon'ble Judges/Coram:

S.B. Sinha and Dalveer Bhandari, JJ.

Author: S.B. Sinha, J.

Citation: [2007 (6) SCC 528],MANU/SC/1803/2007.

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Tuesday, 2 July 2024

Important Supreme Court and Bombay HC judgments on Remission of convict

 

1) Supreme court guidelines for releasing convict prematurely on remission


This Court also issued certain guidelines as to the basis on which a convict can be released prematurely and they are as under:

1. Whether the offence is an individual act of crime without affecting the society at large.

2. Whether there is any fruitful purpose of confining of this convict anymore.

3. Whether there is any chance of future recurrence of committing crime.

4. Whether the convict has lost his potentiality in committing crime.

5. Socio-economic condition of the convict's family. {Para 6}.

IN THE SUPREME COURT OF INDIA

Writ Petition (Criminal) No. 110 of 2000

Decided On: 01.09.2000

Life Convict Laxman Laskar Vs. State of West Bengal and Ors.

Hon'ble Judges/Coram:

S. Rajendra Babu and Shivaraj V. Patil, JJ.

Author: S. Rajendra Babu, J.

Citation:  MANU/SC/3130/2000,(2000)7 SCC 626.

https://www.lawweb.in/2024/06/supreme-court-guidelines-for-releasing.html

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Wednesday, 26 June 2024

Supreme court guidelines for releasing convict prematurely on remission

This Court also issued certain guidelines as to the basis on which a convict can be released prematurely and they are as under:

1. Whether the offence is an individual act of crime without affecting the society at large.

2. Whether there is any fruitful purpose of confining of this convict anymore.

3. Whether there is any chance of future recurrence of committing crime.

4. Whether the convict has lost his potentiality in committing crime.

5. Socio-economic condition of the convict's family. {Para 6}

 If we look at the reasons given by the Government, we are afraid that the same are palpably irrelevant or devoid of substance. Firstly, the views of the witnesses who had been examined in the case or the persons in the locality cannot determine whether the Petitioner would be a danger if prematurely released because the persons in the locality and the witnesses may still live in the past and their memories are being relied upon without reference to the present and the report of the jail authorities to the effect that the Petitioner has reformed himself to a large extent. Secondly, by reason of one's age, one cannot say whether the convict has still potentiality of committing the crime or not, but it depends on his attitude to matters, which is not being taken note of by the Government. Lastly, the suggestion that the incident is not an individual act of crime but a sequel of the political feud affecting society at large, whether his political views have been changed or still carries the same so as to commit crime has not been examined by the Government. {Para 8}

9. On the basis of the grounds stated above, the Government could not have rejected the claim made by the Petitioner.

 IN THE SUPREME COURT OF INDIA

Writ Petition (Criminal) No. 110 of 2000

Decided On: 01.09.2000

Life Convict Laxman Laskar Vs. State of West Bengal and Ors.

Hon'ble Judges/Coram:

S. Rajendra Babu and Shivaraj V. Patil, JJ.

Author: S. Rajendra Babu, J.

Citation:  MANU/SC/3130/2000,(2000)7 SCC 626.

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Supreme Court: What factors are to be considered while deciding application for remission of convict?

 To consider the prayer for premature release of the "life convicts" , police report was called for on the following points:

(i) Whether the offence is an individual act of crime without affecting the society at large;

(ii) Whether there is any chance of future recurrence of committing crime;

(iii) Whether the convict has lost his potentiality in committing crime;

(iv) Whether there is any fruitful purpose of confining this convict any more;

(v) Socio-economic condition of the convict's family.

 IN THE SUPREME COURT OF INDIA

Writ Petition (Criminal) Nos. 64, 120, 121, 122, 123 and 181 of 1999

Decided On: 15.02.2000

Laxman Naskar Vs. Union of India (UOI) and Ors.

Hon'ble Judges/Coram:

G.T. Nanavati and S.N. Phukan, JJ.

Author: S.N. Phukan, J.

Citation:  2000 INSC 69, MANU/SC/0084/2000,(2000) 2 SCC 595

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Wednesday, 29 May 2024

Bombay HC: Factors which Session Judge should consider while giving his opinion regarding remission of convict

It is thus apparent that except the

prisoners of these categories the rest of the

prisoners are entitled to the benefit of

remission under this Government Resolution

dated 3rd June, 2017.

4] Ex facie, the petitioner, who is a

prisoner undergoing a sentence of 23 years

imprisonment, does not fall into any of these

categories. Still, the learned Additional

Sessions Judge in his opinion dated 17th July,

2017, has overlooked these aspects and for

the reasons de hors the Government Resolution

has opined that the petitioner is not

entitled to any remission. He seems to have

misdirected himself in considering the

gravity of the crime when the Government

Resolution does not admit of any such

parameter for extending the benefit. Even a

life convict is entitled to remission to the

extent of three months. It is also apparent

that the learned Additional Sessions Judge

for the reasons best known to him has not at

all referred to the Government Resolution

dated 3rd June, 2017. Had his attention been

brought to it, we are sure the learned Judge

would not have given a negative opinion. Be

that as it may, the opinion expressed by the

learned Additional Sessions Judge in

ignorance of or by overlooking the Government

Resolution is clearly faulty.

5] In the light of discussion herein

above, the Petition is partly allowed. The

matter is remitted back to the Additional

Sessions Judge, Ahmednagar, for reconsideration.

The Additional Sessions Judge, Ahmednagar, to

 reconsider the entire issue,

keeping in view the Government Resolution

dated 3rd June, 2017, and take decision as

expeditiously as possible, however, within

eight weeks from the date of receipt of this

order.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.1710 OF 2018

Santosh s/o. Suryabhan Kale Vs  The State of Maharashtra,

CORAM: S.S.SHINDE & R.G.AVACHAT,JJ.

Pronounced on : 08.02.2019

JUDGMENT: [Per S.S.Shinde, J.]:

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Tuesday, 28 May 2024

What is the duty of Session Judge after receipt of application of convict for remission through Superintendent of Prison?

 Similarly, it was incumbent upon the learned

Addition Sessions Judge, Akot either to call for required

information in the context of the facts stated in the application

from the Superintendent of Central Prison, Amravati or give his

opinion immediately on receipt of the application. 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 83 OF 2020

Akshay Kailasrao Purohit (In Jail) Vs  State of Maharashtra,

CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ.

DATED : 27.08.2021

O R A L J U D G M E N T (Per : G. A. Sanap, J.)
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When the convict is not entitled to get benefit of Govt GR regarding special remission on account of 125th Birth Anniversary of Dr. Babasaheb Ambedkar?

 The petitioner has applied for special remission on account of 125th Birth Anniversary of Dr. Babasaheb Ambedkar which fell on 14.04.2016. The special remission has been claimed in pursuance of related Government Resolution dated 03.06.2017. 

6. The facts are quite clear that on the cutoff date i.e. on 14.04.2016, the petitioner was not in jail and thus, he is not eligible for the special remission in terms of Government Resolution dated 03.06.2017.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL WRIT PETITION NO. 857 OF 2023

Akash S/o. Devanand Tempe Vs  State of Maharashtra

CORAM : VINAY JOSHI AND

MRS. VRUSHALI V. JOSHI, JJ.

DATE : 21.02.2024

ORAL JUDGMENT (PER : VINAY JOSHI , J.) :-

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Wednesday, 24 January 2024

Basic concept of remission and commutation of sentence of convict and distinction between them

 In the context of the Criminal Procedure Code (CRPC) in India, the concepts of remission and commutation of a sentence pertain to the modification of a convict's punishment. Here are the basic concepts and distinctions between remission and commutation:

Basic Concepts:

  1. Remission of Sentence:

    • Definition: Remission refers to the reduction or mitigation of the term of imprisonment without changing the nature of the sentence.
    • Authority: The power to remit a sentence is typically vested in the executive branch of the government, often exercised by the Governor or the President, depending on the nature of the offense.
    • Purpose: Remission is usually granted based on factors such as good conduct during imprisonment, completion of a certain percentage of the sentence, or humanitarian considerations.
    • Outcome: The primary outcome of remission is a reduction in the actual duration of imprisonment, allowing the convict to be released earlier than initially sentenced.
  2. Commutation of Sentence:

    • Definition: Commutation involves the substitution of a milder form of punishment for a more severe one, changing the nature of the sentence.
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Friday, 5 May 2023

Should the court suspend the sentence of a convict in the criminal appeal if he has no fair chance of acquittal?

 Bearing in mind the aforesaid principles of law, the endeavour on the part of the Court, therefore, should be to see as to whether the case presented by the prosecution and accepted by the Trial Court can be said to be a case in which, ultimately the convict stands for fair chances of acquittal. If the answer to the above said question is to be in the affirmative, as a necessary corollary, we shall have to say that, if ultimately the convict appears to be entitled to have an acquittal at the hands of this Court, he should not be kept behind the bars for a pretty long time till the conclusion of the appeal, which usually take very long for decision and disposal. However, while undertaking the exercise to ascertain whether the convict has fair chances of acquittal, what is to be looked into is something palpable. To put it in other words, something which is very apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. The Appellate Court should not reappreciate the evidence at the stage of Section 389 of the CrPC and try to pick up few lacunas or loopholes here or there in the case of the prosecution. Such would not be a correct approach. {Para 33}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPEALLATE JURISDICTION

CRIMINAL APPEAL NOS. 1331-1332 OF 2023

OMPRAKASH SAHNI Vs  JAI SHANKAR CHAUDHARY & ANR. ETC. 

Author: J. B. PARDIWALA, J.:

Dated: MAY 2, 2023.

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Tuesday, 4 April 2023

Under which circumstances the court can convict the accused based on the suggestion given by his Advocate to prosecution witnesses?

 Thus, from the above it is evident that the suggestion made by the defence counsel to a witness in the cross-examination if found to be incriminating in nature in any manner would definitely bind the accused and the accused cannot get away on the plea that his counsel had no implied authority to make suggestions in the nature of admissions against his client. 

{Para 38}

39. Any concession or admission of a fact by a defence counsel would definitely be binding on his client, except the concession on the point of law. As a legal proposition we cannot agree with the submission canvassed on behalf of the appellants that an answer by a witness to a suggestion made by the defence counsel in the cross-examination does not deserve any value or utility if it incriminates the accused in any manner.

40. It is a cardinal principle of criminal jurisprudence that the initial burden to establish the case against the accused beyond reasonable doubt rests on the prosecution. It is also an elementary principle of law that the prosecution has to prove its case on its own legs and cannot derive advantage or benefit from the weakness of the defence. We are not suggesting for a moment that if prosecution is unable to prove its case on its own legs then the Court can still convict an accused on the strength of the evidence in the form of reply to the suggestions made by the defence counsel to a witness. Take for instance, in the present case we have reached to the conclusion that the evidence of the three eyewitnesses inspires confidence and there is nothing in their evidence on the basis of which it could be said that they are unreliable witnesses. Having reached to such a conclusion, in our opinion, to fortify our view we can definitely look into the suggestions made by the defence counsel to the eyewitnesses, the reply to those establishing the presence of the accused persons as well as the eyewitnesses in the night hours. To put it in other words, suggestions by itself are not sufficient to hold the accused guilty if they are incriminating in any manner or are in the form of admission in the absence of any other reliable evidence on record. It is true that a suggestion has no evidentiary value but this proposition of law would not hold good at all times and in a given case during the course of cross-examination the defence counsel may put such a suggestion the answer to which may directly go against the accused and this is exactly what has happened in the present case.

41. The principle of law that in a criminal case, a lawyer has no implied authority to make admissions against his client during the progress of the trial would hold good only in cases where dispensation of proof by the prosecution is not permissible in law. For example, it is obligatory on the part of the prosecution to prove the post mortem report by examining the doctor. The accused cannot admit the contents of the post mortem report thereby absolving the prosecution from its duty to prove the contents of the same in accordance with law by examining the doctor. This is so because if the evidence per se is inadmissible in law then a defence counsel has no authority to make it admissible with his consent.

42. Therefore, we are of the opinion that suggestions made to the witness by the defence counsel and the reply to such suggestions would definitely form part of the evidence and can be relied upon by the Court along with other evidence on record to determine the guilt of the accused.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1910 OF 2010

BALU SUDAM KHALDE AND ANOTHER Vs

THE STATE OF MAHARASHTRA

Author: J.B. PARDIWALA, J.:

MARCH 29, 2023.

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Sunday, 19 February 2023

Supreme Court issues seven directions to avoid delay in release of prisoners after getting bail

With a view to ameliorate the problems a number of directions are sought. We have examined the directions which we reproduce hereinafter with certain modifications:

“1) The Court which grants bail to an undertrial prisoner/convict would be required to send a soft copy of the bail order by e-mail to the prisoner through the Jail Superintendent on the same day or the next day. The Jail Superintendent would be required to enter the date of grant of bail in the e-prisons software [or any other software which is being used by the Prison Department].

2) If the accused is not released within a period of 7 days from the date of grant of bail, it would be the duty of the Superintendent of Jail to inform the Secretary, DLSA who may depute para legal volunteer or jail visiting advocate to interact with the prisoner and assist the prisoner in all ways possible for his release.

3) NIC would make attempts to create necessary fields in the e-prison software so that the date of grant of bail and date of release are entered by the Prison Department and in case the prisoner is not released within 7 days, then an automatic email can be sent to the Secretary, DLSA.

4) The Secretary, DLSA with a view to find out the economic condition of the accused, may take help of the Probation Officers or the Para Legal Volunteers to prepare a report on the socio-economic conditions of the inmate which may be placed before the concerned Court with a request to relax the condition (s) of bail/surety.

5) In cases where the undertrial or convict requests that he can furnish bail bond or sureties once released, then in an appropriate case, the Court may consider granting temporary bail for a specified period to the accused so that he can furnish bail bond or sureties.

6) If the bail bonds are not furnished within one month from the date of grant bail, the concerned Court may suo moto take up the case and consider whether the conditions of bail require modification/ relaxation.

7) One of the reasons which delays the release of the accused/ convict is the insistence upon local surety. It is suggested that in such cases, the courts may not impose the condition of local surety.”

We order that the aforesaid directions shall be complied with.

IN THE SUPREME COURT OF INDIA 

Coram: SANJAY KISHAN KAUL; J., ABHAY S. OKA; J.

 SMWP(CRIMINAL) NO. 4/2021;

 In Re Policy Strategy for Grant of Bail 

Dated;  31-01-2023

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