Showing : 31-40 of 261 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Accused already undergone 3 years and 15 days and earned remission of 4 months and 29 days out of his total sentence - Substantive portion of sentence already undergone by accused and appeal likely to take some time - Remaining sentence of accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Contraband - Recovery slightly above commercial quantity - Accused already undergone 01 year and 09 days out of total substantive sentence of 10 years - Appeal not likely to be decided in near future - Sentence suspended...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 120B-- Suspension of sentence during pendency of appeal - Offence u/s 120-B IPC - Allegation that main accused gave beatings and harassed the deceased at the instance of applicant - However, no strong motive has been alleged by prosecution against applicant - Appeal is not likely to mature for hearing in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, 357, 482-- Stay of recovery of compensation during pendency of appeal - Contention that trial Court granted Rs.5 lakhs compensation to victim without discussing age of victim and other circumstances - Held, without expressing any opinion on merits of case, in the interest of justice, applicant is directed to..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(1)-- Dishonour of cheque - Conviction - Appeal against - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.20,000/- - Pre condition of depositing part of compensation cannot be imposed while exercising power u/s 389(1) Cr.P.C. - Condition of depositing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Suspension of sentence during pendency of appeal - Offence under NDPS Act - Accused sentenced to R.I for a period of 10 years plus fine - Out of total sentence of 10 years, accused already undergone more than 4 years of actual sentence - Sentence suspended during pendency of appeal - Bail granted...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of conviction - No allegation levelled against accused by deceased in her dying declaration - Accused dismissed from service because of conviction order passed against him - Irreparable loss caused to accused - Conviction order suspended with regard to the present petitioner...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 34-- Bail - Pendency of appeal against conviction - Accused and his wife were jointly found involved in commission of offence - Wife of accused already granted bail though challenge made by complainant is pending against the same - However, High Court while considering the bail of accused, ought to..........
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..........

Showing : 31-40 of 261 Results