Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 344 gms 900 gms poppy straw - Accused was not present in vehicle when seizure was made - Strong grounds available to accused so as to challenge judgment of conviction -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted u/ss 8/18 and 8/25 of NDPS Act - Accused undergone of more than half of actual imprisonment - Early disposal of appeal appears unlikely - Sentence of accused thus, suspended with..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304 -- Bail during pendency of appeal against conviction - Offence u/ss 498-A, 304(Part I)PC - Accused already suffered incarceration for a period of approximately 27 months out of a total sentence of 10 years R.I awarded by trial Court which is affirmed by High Court - It is thus, a fit..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Appeal against conviction - No reasons assigned by High Court for grant of bail - Order granting bail during pendency of appeal held, set aside - Matter remitted to High Court...........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Appeal against conviction - Additional evidence against accused to show the criminal background of accused filed for the first time in appeal - List of criminal cases shows that some cases were registered against accused prior to grant of bail and some cases registered after grant of bail -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304(Part I), 325, 201, 34 -- Suspension of sentence during pendency of appeal - Offence u/ss 304(Part I), 325, 201, 34 IPC - Accused are in judicial custody for more than 5 years - Substantive sentence as awarded to accused is thus, suspended during pendency of appeal - Application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/s 21(c) of NDPS Act - Appeal for practical reasons when cannot be disposed of expeditiously, appellate Court can pass appropriate orders for suspension of sentence...........
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..........
Criminal Procedure Code, 1973, Section 389, 437, 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 473, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail during pendency of appeal - Active involvement of accused in the offence - Keeping in view the magnitude of the offence, bail during pendency of appeal declined...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Incident took place inside the house of accused - No evidence whatsoever to show as to who of two accused inflicted fatal injury i.e chopping off of hand of deceased - Sentence of accused thus, suspended...........
