Showing : 261-270 of 3669 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Protection u/s 438 Cr.P.C. is available to accused only till Court summons the accused based on charge sheet (report u/s 173(2) Cr.P.C.) - On such appearance accused has to seek regular bail u/s 439 Cr.P.C. and that application has to be considered by Court on its own merits...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, 439-- Anticipatory bail and regular bail - Merely because an accused was under protection of anticipatory bail granted u/s 438 Cr.P.C., that does not mean that he is automatically entitled to regular bail u/s 439 Cr.P.C. - Satisfaction of Court for granting protection u/s 438 Cr.P.C., is different from..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 377(3), Indian Penal Code, 1860, Section 302-- Appeal by State seeking enhancement of jail sentence - Once Sessions Judge found accused guilty of murder punishable u/s 302 IPC, only punishment that can be awarded is either death penalty or life imprisonment and fine - It is unbelievable that how Sessions Judge awarded 10 years jail sentence..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 377(3), Indian Penal Code, 1860, Section 302-- Appeal by State seeking enhancement of jail sentence - Dasti notice was duly served to accused - However, he did not appear - Even no appeal filed by accused questioning legality of order of Sessions Judge convicting him for commission of offence of murder - Amicus curiae is appointed by High..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 357-- Order to pay Compensation - It is a part of judgment...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 357(2)-- Order to pay Compensation - S.357(2) comes into play only where any order of payment of compensation utilizing fine imposed as sentence u/s 357(1) Cr.P.C. or compensation as directed u/s 357(3) Cr.P.C. is made...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 357(2)-- Appeal - Payment of compensation - Embargo contained in S.357(2) Cr.P.C. differs or withholds utilization of amount of compensation awarded till limitation of appeal elapses or if filed till it is decided - Sentence awarded by Court including sentence of fine is in no way affected by such embargo..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 389, 357(2)-- Suspension of sentence during pendency of appeal - Appellate Court while exercising power u/s 389 Cr.P.C. can suspend sentence of imprisonment as well as fine without any condition or with conditions - Appellate Court can suspend sentence and fine both or direct to deposit fine or part of fine...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 389, 357(2)-- Suspension of sentence during pendency of appeal - Direction to deposit fine - High Court while suspending sentence of accused also directed him to deposit fine as imposed by trial Court - However, neither any direction of payment of any compensation out of fine imposed by trial Court as part of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail in offence under SC/ST Act - Exclusion of S.438 Cr.P.C. applies when a prima facie case of commission of offence under the Act is made out - On the other hand, if it can be shown that allegations are prima facie motivated and false, such exclusion will not apply...........

Showing : 261-270 of 3669 Results