Criminal Procedure Code, 1973, Section 433, 433A -- Premature release - For the purpose of considering actual imprisonment, the period of parole is to be excluded...........
Criminal Procedure Code, 1973, Section 446 -- Accused on parole - Surety by old aged parents - Accused failed to surrender on due date - Penalty of Rs.2 lakh each was imposed on petitioners/old aged parents - However, accused found to be arrested in some other case and was in jail - Petitioners are old aged persons and their financial condition is not good - They are petty..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Claim of bail on parity with co-accused - Murder - Co-accused was granted bail for different reasons which are not applicable in case of accused - Moreover, co-accused is a woman and not involved in any other case prior to present case - Petitioner on the other hand is involved..........
Criminal Procedure Code, 1973, Section 439 -- Bail during pendency of appeal - Three separate bail applications filed by three accused - All the accused have been released on temporary bail, furlough and parole on several occasions - There is no report of their having misconducted themselves or indulged in any criminal activities - None of accused have criminal antecedents..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Short term parole bail - Cheating - Accused seeking short term bail on ground of marriage of his daughter, as his presence at the time of his daughter is must - Short term bail for three days granted to accused for performing marriage rituals of his daughter...........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder case - Merely because accused booked u/s 498-A IPC during parole period and was kept in jail for 18 days and later on released as police found him to be innocent, is no ground to decline premature release to petitioner from jail, as offence u/s 498-A IPC is a domestic dispute within family...........
Criminal Procedure Code, 1973, Section 446, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Surety - Forfeiture of bond - Offence u/s 15(c) NDPS Act - Accused on parole and he did not surrender on completion of his parole period - Order forfeiting surety bond of surety in its entirely is certainly a harsh step taken by District Magistrate and First..........
Prison (Bombay Furlough and Parole) Rules, 1959, Rule 25, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300 -- Rejection of parole - Merely because under certain circumstances rule provides that prisoner is not entitled to parole leave, that does not amount to penal provision so as to contend that implementation of such provision would..........
Criminal trial -- Life sentence - Meaning - Actual life imprisonment for entire life of convict - Life sentence not limited to either 14 years or 20 years or even 25 years - Same may be curtailed by State by premature release - However, that is the discretion of State Government to be exercised on the advice of Sentence Review Board (SRB) - Courts cannot substitute..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 5 quintal 60 kgs of poppy husk which was found lying on back seat of car, when petitioner was on parole - In the instant case, petitioner has undergone sentence of about 10 years as a convict in different case and is under going sentence of..........
