Court : Gujarat
Reported in : (2009)1GLR498
..... * * * *a sentence of transportation for life or imprisonment for life must prima facie be treated as transportation or imprisonment for the whole of the remaining period of the convicted person's natural life.the court further observed thus:but the prisons act does not confer on any authority a power to commute or remit sentences; it provides only for the regulation of prisons and for the treatment of prisoners confined therein. ..... the rules under the prisons act do not substitute a lesser sentence for a sentence of transportation for life.the question of remission is exclusively within the province of the appropriate government; and in this case it is admitted that, though the appropriate government made certain remissions under section 401 of the code of criminal procedure, it did not remit the entire sentence. ..... when a young child is a witness, the first step for the judge or magistrate to take is to satisfy himself that the child is the competent witness within the meaning of section 118 of the evidence act and for this purpose, preliminary inquiry should be held. ..... the muddamal was sent to the forensic science laboratory at surat for opinion and after obtaining opinion, a charge came to be field against the accused for the above said offences in the court of learned judicial magistrate, first class at ankleshwar, who, in turn, committed the case to the court of sessions under section 209 of the code of criminal procedure. .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)2GLR1365
..... (5b) 'parole system' means the system of releasing prisoners in jail on parole, by suspension of their sentences in accordance with the rules for the time being in force;(bombay act 23 of 1959)bombay act 23 of 1959 further substituted clause (5) of section 59 of the prisons act, 1894, as under:59. ..... of his liberty for ever and has endangered the liberty of his family has no right to ask the court to uphold his liberty is not a considered concept, nor does article 21 of the constitution contemplate such a concept: if a person commits a criminal offence and punishment has been given to him by a procedure established by law which is free and fair and where the accused has been fully heard no question of violation of article 21 arises when the ..... district magistrate concerned or the commissioner of police, greater bombay, as the case may be, or prisoners whose conduct in jail is in the opinion of the superintendent not satisfactory shall not be eligible for release on furlough'.rules 1509 and 1510 read as under:1509 the furlough period shall in each case be counted as a remission of sentence;provided that where any furlough period has been extended under rule 1509 the period of extension shall not be counted as a remission of sentence.1510 a prisoner .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)2GLR850
..... convicted criminal prisoner means any criminal prisoner under sentence of a court, or court martial and includes a person detained in prison under the provisions of chapter viii of the code of criminal procedure, 1882 or under the prisoners act. ..... even the persons convicted under the offence of prisoners act, 1871. ..... as far as the power to grant furlough is concerned, it is as per the provisions of 'the rules' framed by the government in exercise of its power under clauses 5 and 28 of section 59' of the prisons act, 1894. ..... inspector general of prisons or the deputy inspector general of prisons as the case may be, who after taking into consideration the recommendations of the district magistrate and/or the police commissioner as the case may be, is required to consider as to whether furlough is to be granted or not. ..... this power is required to be exercised by the government only after obtaining the opinion of the presiding judge of the court before or by which the order of conviction was passed or confirmed. ..... 'is the provisions with regard to the remissions and forlough in the prisons act in any way contrary to or inconsistent with the provisions of section 433 of criminal procedure code? ..... after obtaining the opinions of the appropriate police authority and the district magistrate concerned, the application is ultimately put before the sanctioning authority i.e. .....
Tag this Judgment!Court : Gujarat
Reported in : (1999)3GLR880
..... an occasion to observe that the prisons act does not confer any right upon the prisoner to claim remission, that the rules made under the act should be construed within the scope and ambit of the act and that the rules under the prisons act do not substitute a lesser sentence for a sentence awarded by the court. ..... 'the supreme court has, therefore, concluded that section 32a of the act has taken away the powers of the court to suspend a sentence passed on persons convicted under the ndps act (except section 27) either during pendency of the appeal or otherwise as also the powers of the government under section 432, 433 and 434 of the criminal procedure code, and that section 32a would have an overriding effect with regard to the powers of suspension ..... to this court to treat any such powers flowing from the rules made under section 59 of the prisons act as being free from the embargo contained in section 32a of the ndps act.10. ..... rule would amount to remission or not, it would be necessary to note here that the rules contained in bombay jail manual have been framed pursuant to the power conferred under section 59 of the prisons act, 1894. ..... with this act___(1) xxx xxx xxx (2) xxx xxx xxx (3) xxx xxx xxx (4) xxx xxx xxx (5) xxx xxx xxx (6) xxx xxx xxx(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released;(8) xxx xxx xxx (9) xxx xxx xxx (10) xxx xxx xxx (11) xxx xxx xxx (12) xxx xxx xxx (13) xxx xxx xxx (14) xxx xxx xxx (15) .....
Tag this Judgment!Court : Gujarat
Reported in : 2002CriLJ3082; (2002)1GLR886
..... criminal procedure code, it has been provided that, subject to the provisions of section 269 of the code, the officer-in-charge of the prison shall, upon delivery of an order made under sub-section (1) of section 267 and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the court ..... shukla case (supra) and batra case (supra), there can arise no question of proceeding against the officer concerned on the ground that he has committed 'criminal contempt' by not obtaining a prior permission of the magistrate for the handcuffing of the person concerned.10.2 from the ratio of the decisions of the constitution bench in sunil batra case (supra) and the three-judge bench in prem shukla case (supra), it clearly follows that there may be extreme ..... in which case notice thereof shall be forthwith given to the superintendent.6.6 under section 5 of the prisoners (attendance in courts) act, 1955 the officer-in-charge of the prison shall cause the prisoner whose attendance is required by the court to be taken to that court so as to be present in the court at the time mentioned in such order and shall cause him to be detained in custody in or near the court until he has been examined or until the judge or presiding officer of me court authorises him to be taken back to the .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)GLR381
..... section 48a of the prisons act reads as under:'sec.48a:punishment for breach of conditions of suspension or remission of sentence or of grant of furlough:-if any prisoners fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough or release on parole was granted to him, he shall be deemed to have committed a prison offence and ..... , gujarat state, ahmedabad, in exercise of powers conferred upon it under section 48-a of the prisons act, 1894, as amended by bombay (prison amendment) act, 1953, imposed the following punishments on the petitioner:(i) he was deprived from enjoying two furlough leaves ..... furlough is not an absolute right of the prisoner but nonetheless it is a right or privilege admissible and regulated under the provisions of section 48a of the prisons act and bombay (furlough and parole leave) ..... to be taken into account will be the view taken regarding the gravity of offence while imposing punishment under section 48a of the prisons act read with rule 1287 of the jail manual.10. ..... he contends that this court has not laid down nor any provision of the prisoners act or parole furlough leave rules contemplate that for late surrender or for some other serious misconduct, the competent authority has no jurisdiction to impose penalty of forfeiture of furlough ..... all the punishments mentioned below or in sec.48-a if the prisons act, 1894, need not necessarily be awarded in each case but it is left to the discretion .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)22GLR451
..... in accordance with the rules the question of remission of the entire sentence or a part of it lies within the exclusive domain of the appropriate government under section 401 of the code of criminal procedure and neither section 57 of the penal code nor any rules or local acts can stultify the effect of the sentence of life imprisonment given by the court under penal code.it was a case under the prisons act, the rules made thereunder and the rules contained in the punjab ..... from the second part of section 433a, it is necessary to quote section 433.the appropriate government may, without the consent of the person sentenced, commute-(a) a sentence of death, for any other punishment provided by the indian penal code (45 of 1860);(b) a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine;(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that parson might have been sentenced, or for fine;(d) a sentence of simple imprisonment, for .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ1549; (1996)1GLR395
..... of offences relating to robbery, dacoity under sections 392 to 402 of the penal code or persons convicted under the prohibition act either singly or together with any other offence or such convict whose presence is considered dangerous or prejudicial to the public peace and tranquility by the district magistrate concerned or commissioner of police as the case may be or prisoner whose conduct in jail is, in the opinion of the superintendent of jail not satisfactory, then such a convict is not entitled and eligible for release ..... question of grant of suspension, remission and commutation of sentences has to be considered only after the person is sentenced for an offence and not before that i.e. ..... drug abuse:(ii) to bring certain controlled substances which are used for manufacture of narcotic drugs and psychotropic substances under the ambit of narcotic drugs and psychotropic substances act and to provide deterrent punishment for violation thereof;(iii) to provide that no sentence awarded under the act shall be suspended, remitted or commuted :(iv) to provide for pre-trial disposal of seized drugs:(v) to provide death penalty on second conviction in respect of specified offences involving specified quantities of certain .....
Tag this Judgment!Court : Gujarat
Reported in : 1998CriLJ1933; (1998)1GLR1
..... under section 32 of the prisoners act, 1900 also, the state government is empowered to appoint places for confinement of persons under sentence of imprisonment for life within the state in which person under imprisonment for life shall be lodged. ..... under section 55 of the prisons act, a prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any prison in or under the lawful custody or control of a prison-officer belonging to such prison, shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison.10. ..... union of india reported in air 1991 sc 1792 : 1991 cri lj 2483, observing in paragraph 13 of the judgment that articles 72 and 161 confer the clemency power on the president and the state governors, respectively and that this constitutional power overrides the statutory power contained in sections 432 and 433 and the limitation of section 433-a of the code as well as the power conferred by sections 54 and 55 of the indian penal code. ..... it was, held that the proceedings before the president is of an executive character, and the matter lies entirely within his discretion. ..... union of india reported in air 19889 sc 653 : 1989 cri lj 941 while considering the provisions of article 72 of the constitution of india, held that the power to, pardon belongs exclusively to the president and the governor under the constitution. .....
Tag this Judgment!Court : Gujarat
Reported in : 1991CriLJ1266; (1990)1GLR498
..... the state of gujarat and since the decision is taken as per the provisions applicable to the state of gujarat, the decision is illegal and void, (iii) that no cumulative punishment can be awarded in view of the provisions of section 48-a of the prisons act, 1894; (iv) that section 52 of the prisons act provides that punishment cannot be for a period of more than one year and therefore punishment at the most should be limited up to a period of one year, and (v) that the concurrence of i.g. ..... case, it is an admitted position that before confirming the punishment and modifying the order of sentence passed by the superintendent of jail, the petitioner-prisoner has not been heard. ..... the inspector general of prisons confirms any of the sentences mentioned in rule 1985 of bombay jail manual, he is required to afford an opportunity of being heard to the prisoner concerned.8. ..... per this provision, the court of sessions when passes an order of sentence of death is required to submit the papers to the high court and the sentence of death cannot be executed 'unless it is confirmed by the high ..... prisons shall take decision as regards the confirmation of the sentence latest before ..... ' the section does not provide that before the punishment of sentence of death is accepted and confirmed by the high court, the high court shall afford an opportunity of being heard ..... the minimum principles of natural justice require that person be heard before any decision adversely affecting him ..... 500/-of personal bond from .....
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