Criminal Procedure Code, 1973, Section 389, 357(3) -- Suspension of sentence and suspension of payment of compensation during pendency of appeal - Held, it is the discretion of the appellate court whether to suspend order of payment of compensation or not, but discretion is to be exercised carefully, cautiously and judiciously...........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Conviction u/s 302 IPC - Merely because the complainant or the witnesses are related to the deceased does not throw their testimony out of board - Bail application rejected...........
Immoral Traffic (Prevention) Act, 1956, Section 6, 18, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused a brothel owner - Accused detaining minor girl in brothel for illegal sex on commercial basis - Conviction of accused who was owner of brothel - Despite conviction of accused, no steps taken for closure of brothel -..........
Criminal Procedure Code, 1973, Section 389 -- Appeal - Suspension of sentence - There was prima-facie evidence against applicants of involving them in a grave offence and, therefore, they were not admitted to bail during trial - Evidence was accepted by competent court and charges therein are accepted to be proved by prosecution - Held, there is no material to show any..........
Criminal Procedure Code, 1973, Section 438, 389 -- Bail or suspension of sentence during pendency of appeal - (a) long pendency of trial or an appeal after conviction would be a consideration for grant of bail; (b) Delay in conclusion of trial is one of the considerations for grant of bail and in case accused is responsible for the delay then no relief can be granted; (c)..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 37(d)(b)(2) -- Suspension of sentence during pendency of appeal against conviction under NDPS Act - Held, taking into consideration the facts and circumstances of the case, in case delay in disposal of appeal is not attributable to the appellant himself, Court may..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Conviction in a corruption case - Appeal against - Suspension of conviction during pendency of appeal - Immediate or consequential removal from Government service is not a relevant consideration at all in considering whether conviction is to be suspended or not...........
Criminal Procedure Code, 1973, Section 389, Negotiable Instruments Act, 1881, Section 138 -- Suspension of sentence during pendency of appeal - Conviction u/s 138 Negotiable Instruments Act and accused was ordered to pay compensation - Sentence suspended on condition of deposit of 50% of fine and a bond with surety of Rs.20, 000/- to ensure appearance before appellate..........
Criminal Procedure Code, 1973, Section 389, 439 -- Convict - Release on bail - He is not eligible for remission of sentence during the period he was on bail or his sentence when temporarily suspended - However, such a convict is entitled to special remissions announced by Government during the period when he remained on bail...........
Criminal Procedure Code, 1973, Section 389(1) -- Stay of conviction - Power of appellate court - Held, appellate court is duly empowered u/s 389(1) to grant stay of conviction but only in an "exceptional case" where "the ramification and the consequences" are such which may justify exercise of such authority - Such power is not to be casually exercised and it is necessary..........
