Court : Gujarat
Reported in : (2009)1GLR498
..... . 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 ..... . section 59 of the prisons act confers a power on the state government to make rules, inter alia, for rewards for ..... therefore, hold that the petitioner has not yet acquired any right to release.it is, therefore, manifest from the decision of this court that the rules framed under the prisons act or under the jail manual do not affect the total period which the prisoner has to suffer but merely amount to administrative instructions regarding the various remissions to be given to the prisoner from time to time in accordance with the rules ..... . as regards the first point, namely, that the prisoner could be released automatically on the expiry of 20 years under the punjab jail manual or the rules framed under the prisons act, the matter is no longer res integra and stands concluded by a decision of this court in gopal vinayak ..... . the hon'ble larger bench observed that from the prisons act and rules, remissions are granted to life convict considering that the period of life imprisonment is definite period upto 20 years while apparently the imprisonment for life for a period is by nature indeterminate and .....
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. ..... bombay act 27 of 1951 and bombay act 23 of 1959 substituted clause (5) of section 3 of the prisons act, 1894 as under:3. ..... of this matter, he submitted that section 32a discriminations between a prisoner, who is convicted under the narcotics act, and prisoners, who are convicted under any other law, because prisoners convicted under any other law are entitled to have parole or furlough, while prisoners convicted under the narcotics act, and prisoners, who are convicted under any other law, because prisoners convicted under any other law are entitled to have parole or furlough, while prisoners convicted under the narcotics ..... act are not to be released on parole or furlough in view of section 32a .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)2GLR850
..... '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? ..... 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. ..... the provisions of the prisons act 1894 and the rules framed thereunder clearly indicate that as far as the grant of furlough is concerned, the final authority is the inspector general of prisons or the deputy inspector general of prisons as the case may be. ..... 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. ..... therefore, it is abundantly clear that these powers are not operating in the same field in which the provisions of prisons act, 1894 and the rules operate. ..... the provisions of prisons act, 1894 do provide for remissions and these provisions do confer powers on the inspector general of prisons and other jail authorities to grant furlough and remissions. ..... prisons by his order dated july 29, 1988 rejected the application for furlough on the ground that the petitioner-prisoner has been convicted for an offence under section 135 of the customs act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1999)3GLR880
..... open 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. ..... the supreme court had 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 ..... 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. ..... the provisions of the prisons act and the rules made ..... 3(1) of the prisons act, 1894, word 'prison' is defined so as to mean any jail or place used permanently or temporarily under the general or special orders of a state government for the detention of prisoners and inter-alia includes ..... 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, commutation and remission provided under the criminal ..... section 32a of the ndps act clearly bars remission being granted to a prisoner .....
Tag this Judgment!Court : Gujarat
Reported in : 2002CriLJ3082; (2002)1GLR886
..... in sunil batra case (supra) negatived the challenge against the constitutionality of section 56 of the prisons act, 1894 which empowered the jail superintendent to put a prisoner in irons (which were 'bar-fetters' in that case), when he considered it necessary with reference either to the state of the prison or the character of the prisoner and for the safe custody of the prisoner, holding that since the power under section 56 can be exercised only for reasons and considerations which are germane to the ..... there is significant safeguard in section 58 of the prisons act, 1894 which provides that no prisoner shall be put in irons or under mechanical restraint by the jailor of his own authority except in cases of urgent necessity 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 .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)GLR381
..... , 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. ..... 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 ..... 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
..... 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 jail manual. ..... having examined the implications of section 433a in light of section 432(1) and section 433 of the code of criminal procedure, 1973, read with section 59(5) of the prisons act, 1894, and the rules made thereunder, let us now turn to article 161 of the constitution in order to find out whether section 433a is ultra vires that article. ..... framed under the prisons act or under the jail manual, the supreme court has observed as under:they 'do not affect the total period which the prisoner has to suffer but merely amount to administrative instructions regarding the various remissions to be given to the prisoner from time to time 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 ..... this section is pari materia with sections 401 and sub-section (3) of section 402 of the repealed code. .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ1549; (1996)1GLR395
..... for an offence punishable under section 302 of the penal code, when the accused-convict has preferred an appeal, the court, while admitting the appeal may not be inclined to release the convict on bail; yet, after conviction is confirmed, the state government may exercise the power either under the prisons act or under the criminal procedure code and may release the convict in accordance with law. ..... habitual criminals and persons convicted 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 ..... questions referred to us are :-(1) the powers of the high court in the matter of granting bail preserved under section 36-a of the act are not in any way restricted by the provisions contained in section 37(1)(b) and sub-section (2) of the act, though while exercising the unfettered power, the high court will bear in mind the policy behind the enactment of section 37, of the act; and,(2) section 32-a of the act is not a bar for the high court exercising its power in the matter of granting suspension of sentence .....
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 ..... 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 ..... under section 3(1) of the prisons act, 1894, word 'prison' is defined so as to mean any jail or place used permanently or temporarily under the general or special orders of a state government for the detention of prisoners and ..... india and in pursuance of article 161 of the constitution of india, the governor of gujarat granted remission in sentence to the extent set out therein, to prisoners undergoing life imprisonment following conviction under section 302 of the indian penal code by the courts of criminal jurisdiction and were confined in the jails of the state/the remission granted under this order was made ..... prisoners' release on probation act, 1938, described as a welcome measure would survive section 433a of the code of criminal procedure for two reasons firstly, government may resort to the statutory scheme, not qua law but as guidelines and secondly, and more importantly, the expression 'prison' and ' imprisonment .....
Tag this Judgment!Court : Gujarat
Reported in : 1991CriLJ1266; (1990)1GLR498
..... framed by 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. ..... during the period of his imprisonment in sabarmati central prison, he has enjoyed parole leave on several occasions from 1979 to 1988 ..... the submissions that may be made by the prisoner are required to be taken into consideration by the ..... according to the respondents, the inspector general of prisons has exercised the powers under rule 1285 of bombay jail manual and has passed order confirming the punishment imposed upon the petitioner by the superintendent of jail with ..... for these offences punishment was imposed upon the petitioner-prisoner as per order of punishment dated october 26, 1988 ..... it an executive authority, or a quasi-judicial or judicial authority, the authority which has been conferred with the power to act in his discretion has to exercise the powers in just, fair and reasonable manner. ..... the superintendent finds it necessary to continue fetters beyond 15 days, he shall obtain previous sanction of the inspector general of prisons, reporting full details of the case.'4. .....
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