Showing : 1-10 of 151 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 357(2), 389-- Dishonour of cheque - Suspension of sentence during pendency of appeal - Appellate Court can order to deposit such sum pending appeal which shall be a minimum of 20% of the fine or compensation awarded by the trial Court irrespective of the provision of S.357(2) Cr.P.C. as the amended provision of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of execution of sentence during pendency of appeal - Prayer cannot be declined by applying principles applicable to suspension of operation of order of conviction - Impugned order declining prayer to suspend execution of sentence by applying principles applicable to suspension of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of execution of sentence during pendency of appeal - Length of imprisonment has obvious bearing on consideration of prayer for suspension of execution of sentence during pendency of appeal - When there is fundamental error as regards such an over-bearing factor, prayer of appellant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of execution of sentence during pendency of appeal - Prayer rejected considering sentences to run consecutively but sentences were to run concurrently - Order passed considering sentences to be for 45 years whereas sentence was for 7 years - Length of imprisonment has obvious bearing on..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 389-- Manufactured drugs - Suspension of sentence during pendency of appeal - Accused were found in bulk possession of manufactured drugs without any valid authorization - S.80 of NDPS Act clearly stated that application of Drugs and Cosmetics Act is not barred and provision of NDPS can be applicable in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Appeals filed in 2007 and are still pending - Accused in custody since 2005 - One of accused out of same FIR released on bail - Accused released on bail during pendency of appeals before High Court with conditions...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.8 lakhs by Appellate Court while suspending sentence of accused is not unreasonable, as total fine of Rs.39,50,000 is imposed on accused by trial Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389-- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition to deposit half of cheque amount or bank draft or FDR cannot be said to be unreasonable or harsh keeping in view of cheque amount and compensation awarded by trial Court - Petitioner is..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25, 15, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Prolonged custody - Offence u/ss 8, 25, 15 of NDPS Act - Accused remained in custody for more than 5 years - Final hearing of appeals likely to take considerable time - Taking into account of prolonged custody of accused, there is no need to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 389, 357(2)-- Suspension of sentence during pendency of appeal - Appellate Court while exercising power u/s 389 Cr.P.C. can suspend sentence of imprisonment as well as fine without any condition or with conditions - Appellate Court can suspend sentence and fine both or direct to deposit fine or part of fine...........

Showing : 1-10 of 151 Results