Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction - Suspension of sentence - Relevant considerations - Mere fact that during the period of trial accused was on bail and there was no misuse of liberty will not be a ground for suspension of sentence and grant of bail - Court is to see whether there are grounds that exist to pass orders for suspension of..........
Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction - Suspension of sentence and grant of bail - Acquittal of accused by trial Court - High Court convicted him for offence u/s 302 IPC - Appeal against - Appeal likely to be heard within measurable distance of time - Keeping in view the seriousness of offence, manner in which the crime was said to have..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13(2) r, w, 13(1)(d> -- Bail during pendency of appeal - Appeal against conviction - Accused sentenced to 2 years RI u/s 7 and 3 years RI u/s 13(2) of Prevention of Corruption Act - Held, where sentence is less or upto three years, the Court should ordinarily grant bail in view of..........
Criminal Procedure Code, 1973, Section 389(1) -- Conviction - Appeal - Suspension of sentence - Discretionary power - Held, discretion has been given to court to suspend conviction so that in a fit case and where special reasons exist court can suspend conviction - In present case, reasons given in application are that applicant's service career was good and his family..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Sentence cannot be suspended on the ground that accused was on bail during trial which he did not misuse - Gravity of offence has to be considered and reasons of suspension has to be recorded in writing...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Court should record reasons in writing for ordering suspension of sentence during pendency of appeal - Suspension of sentence or grant of bail should not be passed as a matter of routine...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389, 482 -- Dishonour of cheque - Accused convicted and sentenced to six months and fine of Rs.1, 25, 000/- imposed and in default of payment of fine to further undergo simple imprisonment for 45 days - Suspension of sentence - Sentence suspended on condition of depositing amount of..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - High Court suspended sentence and granted bail - Court must give reasons in writing while ordering suspension of sentence or grant of bail - Court should not grant bail as a matter of routine and should consider relevant aspects - Held, that in the present case there was..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 389, 437, 439 -- Offence u/s 498-A IPC and Ss.3, 4 Dowry Prohibition Act - Accused convicted and sentenced to two years RI u/s 498-A IPC and six months imprisonment u/s 3/4 Dowry Prohibition Act - Bail granted during pendency of appeal without expressing..........
Criminal Procedure Code, 1973, Section 389 -- Conviction - Revision - High Court has same power to suspend the sentence as well as conviction as being exercised by Appellate Court u/s 389 Cr.P.C...........
