#Remission

Bombay High Court clarifies that life imprisonment under Section 302 IPC must run concurrently with other term sentences unless the sentencing court explicitly directs otherwise. The ruling, following Muthuramlingam v. State, impacts sentencing calculations for convicts serving multiple sentences and underscores the need for explicit judicial directions for consecutive sentences.

The Bombay High Court has ruled that sentences imposed under sovereign assurance - such as Abu Salem’s - are immune to reduction through earned remission, even after 25 years of combined undertrial and post-conviction custody. This sets a binding precedent that sovereign commitments in extradition cases override standard prison incentive systems, affecting future cases involving international cooperation and life sentences under TADA.

Madhya Pradesh High Court ruled that periods of judicial custody during remand for additional evidence under CrPC 391(4) must be counted toward sentence calculation. The court set aside jail authorities' wrongful exclusion of a 5-month, 21-day custody period, reinforcing that custody credit applies regardless of the stage of proceedings. This decision impacts sentencing calculations for convicts awaiting additional evidence.

Chhattisgarh High Court rules that prolonged imprisonment with demonstrated reformation creates a legal entitlement to remission under Section 432 CrPC, setting aside administrative discretion that ignored judicial precedents and positive conduct reports. The judgment reinforces that speculative fears of reoffending cannot override statutory remission rights for life convicts.

Bombay High Court rules that IT companies acquiring property for new units are entitled to 90% stamp duty remission under Section 9(a) of the Bombay Stamp Act, even if certification follows execution, provided the deed clearly reflects the intent and no fraud is alleged. The ruling clarifies that pre-execution certification is not a prerequisite for availing the remission, easing compliance burdens for IT businesses expanding operations in Maharashtra.

Bombay High Court rules that a life convict's unexplained 111-day parole overstay, without medical proof, warrants temporary removal from the remission register. The decision underscores strict compliance with prison rules for remission eligibility, impacting convicts seeking early release.

Chhattisgarh High Court holds that executive guidelines barring remission based on crime type violate Article 14 and undermine reformative justice under CrPC and prison rules.