Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against conviction - Murder - Specific allegations against appellant to the effect that he had kept women & others captive, but there are certainly some debatable issues particularly regarding cause of death being homicidal or not - Even eye-witness, who are relatives of deceased..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Merely because convicted person filed an appeal challenging his conviction, Court should not suspend operation of conviction and Court has a duty to look at all aspects including ramifications of keeping such conviction in abeyance...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant has been convicted for charges u/ss 304, 307, 504 IPC and S.25 of Arms Act, which is not connected with his position as Clerk, nor it is an offence relating to moral turpitude - In case an order suspending conviction and sentence is passed, it would not violate any..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence in an appeal - There should be strong compelling reasons for grant of bail, notwithstanding an order of conviction by suspension of sentence and such strong and compelling reasons must be recorded in the order granting bail...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - If a case is made out for grant of suspension of sentence and bail in deserving cases on merits, Court is not powerless to grant relief of suspension of sentence and bail pending an appeal, even if an accused has not undergone half of sentence - There cannot be a..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 366, 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Suspension of sentence during pendency of appeal against conviction - Kidnapping and rape - Applicant has undergone..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal against conviction - Appeal is filed by appellant before High Court in the year 2020 - Older appeals would be heard prior to this appeal being considered - Co-accused has been released on bail by High Court - Appellant has already completed a little more than half the sentence..........
Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Whenever a prayer is for suspension of sentence of fine, appellate Court must consider whether the sentence of fine can be suspended unconditionally or subject to conditions - However, Court has to keep in mind that if a condition of deposit of an amount..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal against conviction subject to condition to deposit 20% of fine amount - Petitioner seems to be in financial distress - Looking at the financial condition of petitioner, directing him to deposit 20% of..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of substantive sentence during pendency of appeal - Distinction between sentence for fixed term and sentence of life imprisonment - If a sentence is for fixed term, ordinarily, appellate Court may exercise its discretion to suspend the operation of same liberally unless there are any exceptional circumstances..........
