Showing : 1-10 of 236 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of conviction - Custodial death - Offences committed u/ss 167, 201 of IPC - While considering similar applications like that of suspension of conviction, Court should also keep in mind the plight of the victim (legal heirs of deceased) and the impression the society would have, in the..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 389-- Manufactured drugs - Suspension of sentence during pendency of appeal - Accused were found in bulk possession of manufactured drugs without any valid authorization - S.80 of NDPS Act clearly stated that application of Drugs and Cosmetics Act is not barred and provision of NDPS can be applicable in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Appeals filed in 2007 and are still pending - Accused in custody since 2005 - One of accused out of same FIR released on bail - Accused released on bail during pendency of appeals before High Court with conditions...........
PATNA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, 389-- Recall of order - Accused seeking bail pending appeal - Appeal dismissed by entering into merits of case - Right of accused prejudiced - Impugned order recalled in exercise of inherent powers of Court u/s 482 Cr.P.C...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.8 lakhs by Appellate Court while suspending sentence of accused is not unreasonable, as total fine of Rs.39,50,000 is imposed on accused by trial Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition to deposit half of cheque amount or bank draft or FDR cannot be said to be unreasonable or harsh keeping in view of cheque amount and compensation awarded by trial Court - Petitioner is..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25, 15, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Prolonged custody - Offence u/ss 8, 25, 15 of NDPS Act - Accused remained in custody for more than 5 years - Final hearing of appeals likely to take considerable time - Taking into account of prolonged custody of accused, there is no need to..........
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..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 389, 354-- Suspension of sentence during pendency of appeal - Non-reasoned judgment of trial Court - Corruption case - Trial Court not assigned any specific reason for convicting accused u/ss 13(2), 13(1)(d) of P.C Act - Conclusion arrived against accused totally misconceived, as trial Court overlooked..........

Showing : 1-10 of 236 Results