Showing : 41-50 of 146 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 389- - Suspension of sentence during pendency of appeal - Recovery of 200 gms. charas from applicant and remaining quantity of heroin recovered from co-accused - Applicant sentenced to undergo 10 years RI - Applicant has undergone 1 year 2 months and 14 days of sentence - It is individual recovery which..........
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, 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..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 389-- Cheating by impersonation - Sale-deed executed on the basis of forged power of attorney - Conviction - Sentenced to 2 year RI - Suspension of sentence - Accused person aged 80, 85 and 55 years - Facing agony of trial for the past 16 years - Possession of land in dispute continues with the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Conviction u/s 138 NI Act read with S.420 IPC - Appellate Court suspended sentence subject to payment of 1/3rd of amount of compensation - Condition imposed is for suspension of sentence and not for entertaining appeal - Held, Appellate Court was..........

Showing : 41-50 of 146 Results