Showing : 71-80 of 263 Results

KERALA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389(3), Indian Penal Code, 1860, Section 201-- Execution of sentence - Suspension pending appeal - Accused all along was on bail during trial stage - No attempts made on part of prosecution to get bail of accused cancelled on any ground during trial stage - Order granting bail to accused during trial also not challenged - No special reasons as..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389, 482-- Suspension of sentence during pendency of appeal - Rejection of application on the ground that accused remained absence for three to four times during course of trial - Reasons for absence not considered - Accused already suffered half of sentence during trial - Held, it is always open for..........
PATNA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389-- Powers of appellate Court u/s.389 - Scope - Held, it has power to suspend not only execution of sentence but also operation of order of conviction without taking aid of High Court's inherent power u/s.482...........
PATNA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389, Constitution of India, 1950, Article 21-- Suspension of sentence - Held, while considering an application for suspension of sentence, appellate Court has to record reasons in writing - Requirement of recording of reasons must be preceded by careful consideration of relevant aspects of case at hand including issues of human rights or other..........
PATNA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence - Duty of appellate Court - Held, mere fact that during period, when an accused person was on bail during trial, there was no misuse of liberty does not per se warrant suspension of execution of sentence and grant of bail - What really is necessary to be considered by Court..........
PATNA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389, Constitution of India, 1950, Article 21-- Temporary suspension of sentence - Held, during pendency of an appeal against conviction or sentence or both, temporary or interim or provisional suspension of sentence, on some extremely rare circumstances, is inherent in jurisdiction of appellate Court, u/s.389 Cr.P.C. by doctrine of implied..........
PATNA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 389, Constitution of India, 1950, Article 21-- Suspension of sentence - Held, notwithstanding the fact that prisoner's application for suspension of sentence and his consequent release on bail cannot be allowed on merit or has been rejected on merit, appellate Court still retains power to suspend sentence for such period as Court may consider..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 302, 364, 201, Criminal Procedure Code, 1973, Section 389-- Appeal against conviction u/ss 302, 364 & 201 IPC - Bail during pendency of appeal - Appellant `R' made a confessional statement that he alongwith other co-accused persons kidnapped the deceased and thereafter murdered him - He also made disclosure about the dead body - The only evidence against..........
JHARKHAND HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(2)-- Bail during pendency of appeal - Conviction u/ss 120-B, 420, 409, 467, 468, 471 and 477A IPC and S.13(2) Prevention of Corruption Act - Accused being Chairman of Public Accounts Committee even after having knowledge that officials of AHD department were fraudulently withdrawing money from..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 34-- Suspension of sentence - Murder - Role of applicant is only that he caught hold of legs of deceased and dashed him against Dol in an agricultural field - Injured died after four months - Applicant seeking suspension of sentence and grant of bail for having been in custody for past five years and..........

Showing : 71-80 of 263 Results