Showing : 171-180 of 261 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2)-- Conviction u/ss 7, 13(1)(d), 13(2) Prevention of Corruption Act - Suspension of sentence - Appellate Court is required to record reasons in writing for ordering suspension of execution of sentence or order appealed - Reasons not indicated while directing suspension of sentence - Order set aside...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Prevention of Corruption Act, 1988, Section 7, Criminal Procedure Code, 1973, Section 389-- Corruption case - Conviction - Appeal - Suspension of conviction - Conviction is based on testimony of witness who is a hostile witness - Applicant is already superannuated - Held, if conviction is not suspended, applicant will be deprived of provisional pension - Conviction suspended...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302-- Acquittal by trial Court but conviction by High Court in a murder case - Appeal against - Held, that when a person is convicted by an appellate Court, he cannot be said to be an innocent person until final decision is recorded by the superior Court in his favour...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 389-- Appeal against conviction - Suspension of sentence - Exceptional cases - Order of suspension of sentence can be passed only in exceptional cases - It has to be a reasoned order and bail should not be granted as a matter of routine...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 389-- Appeal against conviction - Suspension of sentence - Relevant considerations - Mere fact that during the period of trial accused was on bail and there was no misuse of liberty will not be a ground for suspension of sentence and grant of bail - Court is to see whether there are grounds that exist..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 389-- Appeal against conviction - Suspension of sentence and grant of bail - Acquittal of accused by trial Court - High Court convicted him for offence u/s 302 IPC - Appeal against - Appeal likely to be heard within measurable distance of time - Keeping in view the seriousness of offence, manner in..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13(2) r, w, 13(1)(d>-- Bail during pendency of appeal - Appeal against conviction - Accused sentenced to 2 years RI u/s 7 and 3 years RI u/s 13(2) of Prevention of Corruption Act - Held, where sentence is less or upto three years, the Court should ordinarily grant bail in view of long pendency of cases - Bail granted...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 389(1)-- Conviction - Appeal - Suspension of sentence - Discretionary power - Held, discretion has been given to court to suspend conviction so that in a fit case and where special reasons exist court can suspend conviction - In present case, reasons given in application are that applicant's service career..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Sentence cannot be suspended on the ground that accused was on bail during trial which he did not misuse - Gravity of offence has to be considered and reasons of suspension has to be recorded in writing...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Court should record reasons in writing for ordering suspension of sentence during pendency of appeal - Suspension of sentence or grant of bail should not be passed as a matter of routine...........

Showing : 171-180 of 261 Results