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, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Rape case - Reasoning of High Court falls far short of parameters required u/s 389 CrPC for enlargement of a convict punished for heinous offence, on bail after suspending the sentence - Finding that no sexual assault was found without considering overall nature of evidence of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Indian Penal Code, 1860, Section 364A, 307, 379B, 482, 34 -- Suspension of sentence during pendency of appeal - Offence u/ss 364-A, 307, 379-B, 482, 34 IPC - Considering the time which is likely to take for turn of appeal for actual hearing, amount of ransom being Rs.50,000, coupled with gunshot injury on leg (right..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - Appellant has served more than one year and six months out of awarded sentence - Six cases were registered against appellant and in four cases appellant was convicted or cases were disposed of - Disposal of present case will take its own time - Without expressing any..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant suffered custody of 11 years and about 5 months of awarded sentence of 12 years of R.I. - There is no hope of appeal coming up for final hearing in near future - However, considering the fact that appellant had several antecedents in some of which he was acquitted and..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Kidnapping and sexual assault - Whether or not the finding regarding age of victim is correct or not, or manner in which was sought to be proved before Trial Court was in accordance with law or not, is a question that is open for consideration in jurisdiction u/s 374 Cr.P.C as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Hearing of matter would likely take a long time - Appellant remained on bail during entire course of trial and appeal and he did not misuse liberty so granted to him - Sentence awarded to appellant suspended..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Condition to deposit 20% of compensation amount - Appellate Court while imposing condition of deposit of 20% of compensation amount, is not shown to have given any opportunity to petitioner to make submissions regarding exceptional circumstances..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(AB) -- Suspension of sentence during pendency of appeal - Applicant has already undergone custody of 1 year, 2 months and 8 days - Appeal is not likely to be heard in near future - Sentence suspended during pendency of appeal...........
