Court : Gujarat
Reported in : (2002)1GLR594
..... in furtherance of these objects, the parole and furlough rules are framed in exercise of powers under sections 59[5] and 28 of the prisons act, 1894.'15. ..... in order to place the system on a permanent footing and to enable the government to delegate its powers to the inspector general of prisons, it is necessary that the prisons act, 1894 should be amended in its application to the state of bombay.' 15. ..... in order to place the system on a permanent footing and to enable the government to delegate its powers to the inspector general of prisons, it is necessary that the prisons act, 1894 should be amended in its application to the state of bombay.' 11. ..... , has also pointed out that while passing the order under section 268(1), the state government has taken into account the nature of offence for which the grounds on which person has been ordered to be confined or detained in prison and the public interest usually, and therefore, when number of criminal prosecutions are pending against the present petitioner though the petitioner has been enlarged on bail in each prosecution, but it may ..... the prisons act, 1894 does not specifically provide for the grant of furlough and the remission of sentence consequent upon it ..... the prisons act, 1894 does not specifically provide for the grant of furlough and the remission of sentence consequent upon it ..... act and the relevant section 32a has been considered along with the prisons (bombay furlough and parole) rules, 1959 with bombay jail manual rules. .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR61
..... as far as the prison offences are concerned the authority competent to punish the prison offender is the superintendent of prison as per sections 46, 48a and 52 of the prisons act and the inspector general of prisons is the appellate authority. ..... section 3 of the transfer of prisoners act, 1950 provides that where any person is confined in a prison in a state, the government of that state may, with the consent of the government of any other state, may by an order provide for the removal of the prisoner from that prison to any prison in the other state ..... all the punishments mentioned below or in section 48a of the prisons act, 1894 need not necessarily be awarded in each case but it is left to the discretion of the superintendent to decide which particular punishment or punishments should be ..... section 59 of the prisons act enables the state government to make rules consistent with the act ..... that the punishment is illegal and beyond the maximum punishment provided under sections 51a and 52 of the prisons act. ..... it specifically prescribes that in a case of late surrender, necessary punishments should be awarded by the superintendent of prison with due regard to the circumstances of each case and it is left to the discretion of the superintendent of jail to decide as to which particular punishment mentioned in the rule or section 48a of the act shall be imposed and it specifically provides that the punishment of cut in remission can be a maximum cut of five days remission for each day of .....
Tag this Judgment!Court : Gujarat
Reported in : 1996CriLJ994; (1995)2GLR1666
..... in the reply filed by the respondent, an objection has been taken that there is a prohibition contained in section 20 of the contempt of courts act to initiate any proceedings for contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have ..... person is to be punished because of his holding an office, then the present incumbent who is holding the office of the director general and inspector general of police, will have to be committed to prison or the one who has filed the affidavit, namely: mr n.k. ..... be correct, then, in the event of the petition succeeding, this state will stand committed to prison and dwell there in the person of shri s. ..... be less accurate or more ridiculous than to ask that a particular state should itself be committed to prison, or that the state should be regarded as personified in some individual officer nominated by the complainant, and should be committed to prison in the person of that officer. ..... observed that nothing has been less accurate or more ridiculous than to ask that a particular state should itself will be committed to prison, or that the state should be regarded as personified in some individual officer nominated by the complainant, and should be committed to prison in the person of that officer. ..... case in hand, if it is found that the directions of this court have been wilfully disobeyed, the next question would arise who should be committed to prison for the said act. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2549
..... , the jail authorities had provided treatment to the petitioner from the bes available doctors and cardiologist and the petitioner was kept in medical ward specially maintained by the state in sabarmati central prison, then there was no need to extend the temporary bail on the ground of health also because undisputedly, the petitioner now has to remain under conservative treatment and the scope of surgery by ..... the the regular bail application preferred earlier and if it is found that there is a strong prima facie case against the petitioner, he could not be kept in prison as it would be a pre-trial conviction and when it is easy to secure his presence at the time of trial, he should be enlarged on bail.18. ..... , visnagar, that the members of the executive committee cannot be held liable individually under section 93 of the gujarat co-operative societies act, 1961, placing reliance on some decisions of this court in the matter of co-operative societies and it is argued that there is constructive liability of all the members of the board and the ..... p.1100, has held that when trial court and prosecution is not able to expedite the trial so far as under-trial prisoners are concerned, the bail can be granted and refusal would amount to suit of custodial punishment. ..... this court that the petitioner himself has not taken a single pai and because of default of the borrowers, he should not be kept in prison pending trial, as this would be pre-trial conviction prejudicial to personal liberty.15. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1835
..... it is not the say of the prosecution that in the present case, he was found with any lethal weapon or such ammunition so he can be linked with the offence punishable under section 25(1-aa) of the act, and therefore only, he has been discharged by the sessions court and now relegated to the learned metropolitan magistrate for trial. ..... as on the date of hearing of the present application, the applicant has completed about 7 years and 8 months in the prison as an undertrial prisoner in connection with the present offence and other offences registered against him along with other co-accused. ..... as the present applicant has undergone the period of incarceration of more than 7 years as an under trial prisoner, the bail court also cannot assume that the trial court may inflict the punishment with a direction that the accused should undergo punishment separately and not concurrently. ..... therefore, the notification issued as regards to any person or class of persons shall not be removed from prison, is not relevant when bail plea raised by such a person or detenu is under consideration in exercise of the powers vested in criminal court under sections 437 and 439 of cr.p.c. ..... while dealing with the bail application if moved by a person, put in that category of a prisoner or a detenu, the court hearing bail plea may not be able to insist the presence of the accused or such applicant-accused may not be brought before the court so as to submit his case in person. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR74
..... code of criminal procedure, 1973 (ii of 1974) or any other law for the time being in force, but subject to the provisions of section 33, no sentence awarded under this act (other than section 27) shall be suspended or remitted or commuted.thus, in view of the aforesaid submission made by mr. ..... present one wherein such a huge quantity of narcotic drug has been seized, where possibility of planting can easily and safely be ruled out, to mechanically acquit the accused on technical ground would be to act to the greatest detriment of public interest which has all the potency to virtually delegislate much needed drastic statute like the n.d.p.s. ..... the vital statutory right of accused, and accordingly, if without complying with this mandatory requirement of section 50, the accused is searched, this vitiates his conviction and accordingly the accused is required to ..... immediately forward the copy of this judgment to (1) inspector general of prisons, gujarat state, ahmedabad, with a request to immediately issue circulars to all jail superintendents, regarding the prohibition in matter of releasing prisoner on parole or furlough, as the case may be, as envisaged in section 32-a of n.d.p.s. ..... the period of sentence of 10 years imposed on the convict-prisoner is already over, specially taking into consideration the remissions granted by ..... jail authorities that no remission of sentence to convict-prisoner under the n.d.p.s. ..... whether as a result of such remissions, any prisoner under the n.d.p.s. .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR706
..... inclined to commute death sentence imposed on the accused to imprisonment for life, direction should be given that the accused shall not be entitled to any commutation or premature release under the provisions of the code, prisoners act, jail manual or any other statutes or rules made for the purpose of grant of commutation or remissions and that the accused should be directed to undergo imprisonment for whole of the remaining period of his natural ..... hence, we hold the accused guilty of the commission of murder of his five innocent daughters, punishable under section 302 i.p.c.this brings the court to consider as to whether the death sentence imposed on the accused deserves to be commuted to life imprisonment as pleaded by ..... instant criminal confirmation case, pursuant to submission of the proceedings made under section 366(1) of the code of criminal procedure ('the code' for short), along with companion appeal filed under section 374(2) of the code by the appellant ('the accused' for short), arise out of the judgment and order dated ..... , in the court of learned j.m.f.c, bharuch.as the offence punishable under section 302 is exclusively triable by a court of sessions, the learned j.m.f.c, bharuch referred the case to the sessions court, bharuch where it ..... is convicted for commission of the offence of murder of his five daughters, who were of tender age, by throwing them into the waters of the narmada river from the sardar bridge, under section 302 of the indian penal code ('i.p.c. .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)1GLR283
..... order annexure-a is passed by the district magistrate, panchmahals at godhra, under the provisions of section 3(2) of the gujarat prevention of anti-social activities act, 1985 (hereinafter referred to as 'the pasa act') on his being satisfied that with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order it was necessary to pass an order directing the ..... to the factual aspect it was also mentioned in the said grounds that though the cases under the provisions of bombay prohibition act were filed against the petitioner still however, he did not stop his activity nor was it likely that he would stop such ..... petitioner raised the following points before us:(1) that the detaining authority has not recorded the required satisfaction on the point that with a view to preventing the petitioner-detenu from acting in any manner prejudicial to the maintenance of public order it was necessary to pass an order of detention against the petitioner and, therefore, the order is bad. ..... of the detenu were informed about the fact of the order of detention passed under the pasa act and that the petitioner was to be taken to sabarmati central prison for the purpose of detention. ..... that he had served the detention order on the detenu and that at the same time he had informed ramilaben that her husband was being detained under the provision of the pasa act and that he would be taken to sabarmati central prison, ahmedabad, for the purpose of detention. mr. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj51; 2008GLH(1)270
..... village panchayat against whom any criminal proceeding in respect of an offence involving moral turpitude have been instituted or who has been detained in a prison during trial for any offence or who is undergoing such sentence of imprisonment as would not disqualify him from continuing as a member of the panchayat under section 30 or who has been detained under any law relating to preventive detention for the time being in force.10. ..... writ petition and in that judgment the court has explained the difference between sections 59(1) and 57 of the act and has observed that the proceedings under these two sections are independent proceedings, having different objects and all that is required for the competent authority to pass an order of suspension under section 59 of the act is whether a criminal case is instituted against the sarpanch for an offence ..... the learned counsel for the petitioner, that in both the aforesaid decisions, this court has taken the view that before passing an order of suspension under section 59(1) of the act, the principles of natural justice should be followed and an opportunity of hearing should be afforded and, therefore, in this view of the matter, the ..... of section 59(1) of the act make it clear that the district development officer is empowered to suspend the sarpanch or upa-sarpanch of the village panchayat, against whom criminal proceedings in respect of the offence involving moral turpitude have been instituted or who has been detained in prison during .....
Tag this Judgment!Court : Gujarat
Reported in : 1955CriLJ1628
..... , of the charge of murdering his wile babuji on the ground that although the accused did murder uji, he was by reason of unsoundness of mind incapable of knowing the nature of the act and that under section 84, penal code, the act did not amount to an offence.the accused lived with uji who was his second wife, and his three children born of her at villagedhedhuki, and jiwa, his son by the first ..... the trial but who is present at the whole trial, cannot in strictness be asked his opinion as to the state of the prisoner's mind at the time of the commission of the crime or his opinion whether the prisoner was conscious, at the time of doing the act, that he was acting contrary to law or whether he was labouring under a delusion at the time or whether by reason of any disease affecting the mind the aecus-id was incapable or prevented ..... , it was held that mere eccentricity or singularity of manner will not suffice to establish tho plea of insanity; it must be shown that the prisoner had no competent use of his understanding so as to know that he was doing a wrong thing in the particular act in question.the facts of this case were rather extreme and hhe accused was behaving like a maniac. c. c. ..... if there is evidence of premeditation and design or evidence that the prisoner after the act in question tried to resist arrest, the plea of insanity must be negatived......it is a mistake to suppose that in order to satisfy a jury that the plea of insanity is well founded, scientific evidence .....
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