Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - When disposal of appeal is likely to take time, accused may be ordered to be released on bail - There are compelling reasons for suspension of execution of sentence during pendency of appeal - There does not appear any other adverse reason to deny relief to accused..........
Criminal Procedure Code, 1973, Section 482, 389 -- Right of victim to seek cancellation of bail granted during pendency of appeal - If accused after coming out of jail, during bail/suspension of sentence, commit any offence or criminally intimidate the victim or the prosecution then victim will have a right to apply for cancellation of bail u/s 482 Cr.P.C. before the..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Appeal pending for seven years - Rejection of application that it should be heard while hearing of appeal - Looks almost an impossibility - This is incorrect approach - Bail granted...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Accused has undergone custody of more than 6 years and 9 months - However, accused with co-accused while on bail gave effect to present occurrence in which deceased lost his life - As regarding plea that applicant has not accused of causing..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused has undergone 12 years of actual incarceration and still bail denied to him - It is appropriate to call a report from Registrar of Lucknow Bench of position of non-availability of a Bench as also how many applications are pending consideration of bail where appeal is pending consideration and person incarceration..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against order granting bail - Factors which ought to have been considered while granting bail, not considered - There are allegations that family of deceased had been threatened on behalf of respondent No.2 - Bail granted to respondent No.2 is liable to be set aside...........
Criminal Procedure Code, 1973, Section 379 -- Appeal against acquittal - Law as to: (i) while dealing with appeal against acquittal, reasons which had weighed with trial Court in acquitting accused must be dealt with, in case appellate Court is of the view that acquittal rendered by trial Court deserves to be upturned: (ii) with an order of acquittal by trial Court, normal..........
Criminal Procedure Code, 1973, Section 394 -- Appeal against conviction - Death of appellant - Counsel as Amicus curiae cannot be treated as near relative of deceased - Appeal abates, as application for continuation of appeal having not been made within 30 days or even thereafter by any near relative as per provision of S.394 Cr.P.C...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Delay in filing appeal - Condonation of delay - Delay has apparently been caused due to red tapism in the office of District Magistrate - It cannot be accepted as a sufficient cause for delay - Moreover, case is virtually of no evidence - Delay cannot be condoned - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Payable from which date - Rajnesh Vs Neha, Criminal Appeal No.730 of 2020 (Supreme Court) followed wherein held : Right to claim maintenance must date back to date of filing application, since period during which maintenance proceedings remained pending is not within control of applicant - Maintenance awarded from..........
