Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Offence not involving moral turpitude - Conviction stayed and sentence suspended on furnishing personal bond...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(3) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - Such an accused when directed only to appear to receive judgment must be held to be person to whom the benefit of S.389(3) is available...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Suspension of sentence and suspension of conviction both stand on different footing...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of conviction during pendency of appeal - Can be resorted to only in rare and exceptional cases, depending upon special facts of a case...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of conviction during pendency of appeal - Appellate Court suspending conviction without recording any reasons - Order set aside...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused in service - Service of accused terminated on conviction u/s 307 IPC - In view of irreparable loss to accused, conviction suspended till disposal of appeal subject to deposit of Rs.15, 000/- as penalty...........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Conviction u/ss 7, 13(1)(d), 13(2) Prevention of Corruption Act - Suspension of sentence - Appellate Court is required to record reasons in writing for ordering suspension of execution of sentence or order appealed - Reasons not indicated while directing suspension..........
Prevention of Corruption Act, 1988, Section 7, Criminal Procedure Code, 1973, Section 389 -- Corruption case - Conviction - Appeal - Suspension of conviction - Conviction is based on testimony of witness who is a hostile witness - Applicant is already superannuated - Held, if conviction is not suspended, applicant will be deprived of provisional pension - Conviction..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Acquittal by trial Court but conviction by High Court in a murder case - Appeal against - Held, that when a person is convicted by an appellate Court, he cannot be said to be an innocent person until final decision is recorded by the superior Court in his favour...........
Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction - Suspension of sentence - Exceptional cases - Order of suspension of sentence can be passed only in exceptional cases - It has to be a reasoned order and bail should not be granted as a matter of routine...........
