Showing : 31-40 of 241 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Suspension of sentence during pendency of appeal - Condition to deposit amount of fine - Condition to deposit amount of fine cannot be imposed while suspending sentence during pendency of appeal - Condition set aside being contrary to law...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389(1)-- Stay of conviction - Loss of job is not a valid consideration for grant of rare remedy of staying order of conviction, particularly, when petitioners nowhere averred or substantiated any fact that irreparable injury coupled with irreversible consequences are to ensure consequent upon loss of job..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 148, 452, 325-- Suspension of sentence during pendency of appeal - Accused convicted and sentenced for R.I. for 1 year and to pay fine of Rs.1000/- and in default of payment to further undergo R.I. for 1 month - Retirement of accused is due on 31.03.2017 - Accused is only bread earner in family and his services..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence - No straight jacket formula on the basis of which it can be held that stay of suspension of conviction is to be made - While doing so, totality of facts have to be taken into consideration and thereafter issue is to be adjudicated - Each case has to be decided on its own..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 313, 365, 344, 120B-- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 313, 365, 344, 120-B IPC - Applicant prayed for stay of order of conviction as she intends to contest the elections in State of Punjab - However, involvement of applicant in serious offence being public servant,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 363, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4-- Suspension of sentence during pendency of appeal - Kidnapping and rape - Accused undergone 1 year, 3 months and 13 days of imprisonment - Prosecutrix in her statement stated that she had gone with accused with her own free will and accused did not force her to run - Date of birth of prosecutrix..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Out of total sentence of 10 years, accused has already undergone more than 3 years of actual sentence - Appeal not likely to be heard in near future - Sentence suspended...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Accused undergone 6 years 2 months and 15 days out of substantive sentence of 12 years and case of accused is squarely covered by ratio of Daler Singh Vs State of Punjab - Without commenting on merits of case, sentence of accused suspended -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Accused also earlier convicted u/s 21 of NDPS Act and that sentence was over - Accused undergone 1 year 6 months and 7 days out of total substantive sentence of 4 years - Keeping in view period of incarceration already undergone by accused,..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Suspension of sentence during pendency of appeal - With direction to deposit 30% of cheque amount - Condition not harsh - However, at the most petitioner may be entitled to some instalments for making such payment so as to make him convenient to deposit such amount -..........

Showing : 31-40 of 241 Results