Showing : 51-60 of 246 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b)-- Offence u/s 22(b) NDPS Act - Suspension of sentence during pendency of appeal - Accused convicted and sentenced to 10 years R.I and he has undergone 4 years and 5 months of sentence - Appeal would take substantial time to come up for final hearing - Delay in disposal of appeal even though not an..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389-- Contraband - Conviction - Suspension of sentence during pendency of appeal - Accused has already undergone 2 years 8 months of sentence out of total sentence of 10 years - Keeping in view the custody period as well as the fact that appeal is admitted and not likely to be listed for regular hearing..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 148, 332, 353, Arms Act, 1959, Section 3, 25-- Suspension of conviction during pendency of appeal - Conviction for offence u/ss 148, 332, 353 IPC & Ss.3 & 25 of Arms Act - Held, order of conviction cannot be stayed on the ground that it will deprive appellant from contesting the election of Sarpanch...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 389-- Illegal gratification - Suspension of sentence during pendency of appeal - Apprehension of losing job - Conviction cannot be suspended merely on the ground that accused has apprehension of losing his job as it is not an exceptional circumstance for considering his case - Petition dismissed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 389-- Illegal gratification - Suspension of sentence during pendency of appeal - Plea of past meritorious conduct - Accused cannot project his track record as a ground for seeking suspension of conviction - Petition dismissed...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 149-- Bail during pendency of appeal - Double murder - Post mortem that multiple grievous were inflicted on both the accused - Appellants used their respective deadly weapons wielded in a deadly manner - Plea of appellants that co-accused is already granted bail rejected as case of co-accused is..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389-- Stay of conviction - Held, unless there are exceptional circumstances, appellate Court shall not stay conviction, though sentence may be suspended - There is no hard and fast rule or guidelines as to what are those exceptional circumstances - However, there are certain indications in Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389(1)-- Suspension of sentence - Held, Court has to record reasons in writing u/s 389(1) Cr.P.C while suspended execution of sentence...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389, 439-- Grant of bail u/s.439 Cr.P.C. and u/s.389 Cr.P.C. - Distinction - Held, in case of S.439, only notice to public prosecutor, unless impractical, be given before granting bail to a person who is accused of an offence which is triable exclusively by Court of Sessions or where punishment for offence..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389-- Post conviction bail - Procedure for - Held, appellate Court, if inclined to consider release of convict sentenced to punishment for death or imprisonment for life or for period of ten years or more, shall first give an opportunity to public prosecutor to show cause in writing against such release..........

Showing : 51-60 of 246 Results