Delay in Test Identification & Absence of Motive Fatal to Prosecution: Allahabad High Court Acquits Man for Murder Tokre Koli or Dhor Koli – Both Stand on Same Legal Footing: Bombay High Court Slams Scrutiny Committee for Disregarding Pre-Constitutional Records Consent Is No Defence When Victim Is Under 16: Delhi High Court Upholds Rape Conviction Granting Pre-Arrest Bail in Minor Rape Cases Would Send a Harmful Societal Signal: Delhi High Court Refuses Anticipatory Bail to Accused Citing POCSO’s Rigorous Standards Void Marriage No Shield Against Cruelty Charges: Karnataka High Court Affirms Section 498A Applies Even In Deceptive and Void Marital Relationships Consolidation Authorities Cannot Confer Ownership Or Alter Scheme Post Confirmation Without Due Process: Punjab & Haryana High Court Reaffirms Civil Court’s Jurisdiction Over Void Post-Scheme Orders Litigation Policy is Not Law, Can’t Enforce Guidelines Through Courts: Rajasthan High Court Refuses to Entertain Quo Warranto Against Additional Advocate General’s Appointment Police and Lawyers Are Two Limbs of Justice System: Rajasthan High Court Takes Suo Motu Cognizance in Police Misconduct Incident Sole Testimony, Forensic Gaps, and Withheld Witness: No Conviction Possible: Delhi High Court Affirms Acquittal in Murder Trial Remand Keeps the Dispute Alive – Not Arrears: Bombay High Court Holds SVLDRS Relief Must Be Computed Under Litigation Category Use of ‘Absconding’ in Employment Context Not Defamatory Per Se, But A Privileged Communication Under Exception 7 of Section 499 IPC: Allahabad High Court Daughter’s Right Extinguished When Partition Effected Prior to 2005 Amendment: Madras High Court Trial Courts Cannot Direct Filing of Challan After Conviction — Punjab & Haryana High Court Quashes Directions Against DSP Veer Singh Rule 4 Creates Parity, Not a Parallel Pension Pipeline: Rajasthan High Court Denies Dual Pension to Ex-Chief Justice Serving as SHRC Chairperson Right to Be Heard Must Be Preserved Where Claim Has a Legal Basis: Orissa High Court Upholds Impleadment of Will Beneficiary in Partition Suit Long-Term Ad Hocism Is Exploitation, Not Employment: Orissa High Court Orders Regularization Of Junior Typist After 25 Years Of Service PIL Cannot Be a Tool for Personal Grievances: Supreme Court Upholds Municipal Body’s Power to Revise Property Tax After 16 Years Omission of Accused’s Name by Eyewitness in FIR is a Fatal Lacuna: Supreme Court Acquits Man Convicted of Murder Correction In Revenue Map Under Section 30 Isn’t A Tool To Shift Plot Location After 17 Years: Supreme Court Quashes High Court’s Remand Casteist Abuses Must Be In Public View: Supreme Court Quashes SC/ST Act Proceedings Where Alleged Insults Occurred Inside Complainant’s House Resignation Bars Pension, But Not Gratuity: Supreme Court Draws Sharp Line Between Voluntary Retirement and Resignation in DTC Employee Case Patta Without SDM’s Prior Approval Is Void Ab Initio And Cannot Be Cancelled – It Never Legally Existed: Allahabad High Court Natural Guardian Means Legal Guardian: Custody Cannot Be Denied to Father Without Strong Reason: Orissa High Court Slams Family Court for Technical Rejection Affidavit Is Not a Caste Certificate: Madhya Pradesh High Court Sets Aside Zila Panchayat Member's Election for Failing Eligibility Under OBC Quota Confession Recorded By DCP Is Legally Valid Under KCOCA – Bengaluru DCP Holds Rank Equivalent To SP: Karnataka High Court Difference of Opinion Cannot End in Death: Jharkhand High Court Commutes Death Sentence in Maoist Ambush Killing SP Pakur and Five Policemen Mere Presence Of Beneficiary During Execution Does Not Cast Suspicion On Will: Delhi High Court Litigants Have No Right to Choose the Bench: Bombay High Court Rules Rule 3A Is Mandatory, Sends Writ to Kolhapur Testimony Must Be of Sterling Quality: Himachal Pradesh High Court Acquits Grandfather in Rape Case, Citing Unnatural Conduct and Infirm Evidence Cheating and Forgery Taint Even Legal Funds: No Safe Haven in Law for Laundered Money: Bombay High Court Final Maintenance Is Not Bound by Interim Orders – Section 125 Determination Must Be Based on Real Evidence: Delhi High Court

Grants Premature Release to Life Convicts - Emphasizes Jail Offense Separation – P&H HC

07 May 2024 8:19 AM

By: Admin


In a significant legal development, a recent judgment by Honorable Justice Deepak Gupta has underscored the importance of segregating jail offenses from considerations of premature release for life convicts. The judgment, delivered on September 29, 2023, serves as a landmark decision in the realm of criminal law, reaffirming the principle that the commission of jail offenses should not be grounds for withholding a life convict's right to premature release.

The judgment, while addressing the case of a life convict, examined the legal framework encompassing Sections 426 and 427 of the Code of Criminal Procedure (CrPC) and the Punjab Premature Release of Life Convicts Policy, 2011. Notably, the court clarified that even if a life convict is subsequently convicted for jail offenses, the subsequent sentence should run concurrently with the existing life imprisonment.

Justice Deepak Gupta's ruling drew upon past legal precedents, including the Supreme Court's stance on the matter. In the case of State of Andhra Pradesh and another Vs. Vijayanagaram Chinna Reddappa, the court held that a life convict's jail offenses should not affect their eligibility for premature release, especially when they have already faced legal consequences for those offenses.

The judgment further cited cases such as Subhash Vs. State of Haryana (1994), Brahma Nand Vs. State of Haryana and others (2015), Raj Kumar Vs. State of Punjab (2006), and Kamal Kant Tiwari Vs. State of Punjab and others (2014), which all support the idea that jail offenses committed by life convicts should not hinder their prospects of early release.

Justice Gupta's ruling concluded that, considering the petitioner had already served more than double the minimum sentence required under the 2011 policy, she should be granted premature release. The judgment directed the authorities to evaluate her case in line with the policy and allowed her interim bail until a final decision is reached.

Crucially, the judgment emphasized that its decision was subject to the outcome of the petitioner's pending appeal. If the appellate court deems that the petitioner should serve life imprisonment until natural death, she must surrender accordingly.

 

Date of Decision: 29.09.2023

Ravdeep Kaur vs State of Punjab & Ors.       

Latest Legal News