Indian Penal Code, 1860, Section 376, 506 -- Rape - Reduction of sentence - Accused 24 years of age at the time of commission of offence and has no other case against him - Sentence imposed is life imprisonment and not to be released from jail till death - Sentence appears to be on higher side - Sentence reduced to 15 years actual custody period excluding parole etc...........
Parole -- Claim for parole of 20 days - Rejection of - Conviction of appellant for life imprisonment under TADA - As per reports of concerned authorities`s release of appellant may lead to untoward incidents in society, adverse effect on younger generation, which may result into effecting peace of society - There is also possibility of public physically harming appellant..........
Prisons Act, 1894, Section 59, Constitution of India, 1950, Article 20(2) -- Rejection of parole under rules framed under Prison Act - Does not amount to prosecution under Art.20(2) of Constitution...........
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..........
Parole -- Provision relating to entitlement or disentitlement of parole leave does not relate to penal action on part of authorities - Power of jail authority in this regard are in nature of administrative authority...........
Parole -- Rejected on account of overstay - Does not amount to punishment...........
Parole -- Rejected on account of overstay of 402 days - When petitioner was granted parole in 2014, he did not report back to prison in time - Petitioner was arrested by police and brought back to prison - Looking to conduct of petitioner, it is sufficient to reject the application of petitioner - Parole rejected...........
Parole -- On the ground of illness of wife - Petitioner relied on medical certificate issued by hospital - However, no date has been mentioned on the medical certificate - Even, medical certificate states that wife of petitioner has already undergone surgery and she is advised bed rest and medication for one month - From the certificate it appears that there is no good..........
Constitution of India, 1950, Article 226 -- Writ - Remission - Delay of only one day in surrendering in jail after availing period of parole - Governor of Haryana had granted remissions on occasion of Golden Jubilee of Haryana Day, however, petitioner was not given that benefit - Explanation rendered by accused that he had suffered from stomach ailment and was admitted in..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3, 4 -- Parole - Agricultural operations - Mere allegations that villagers would get enraged as petitioner had undesirable relations with wife of person, who has been murdered, may not be such circumstance to hold that there is likelihood of endanger to security of State or maintenance of public order or..........
