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..........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Both sides armed with deadly weapons - Not a fit case for award of sentence graver than life imprisonment that is to say the death penalty...........
Constitution of India, 1950, Article 161, 19, 21, Criminal Procedure Code, 1973, Section 432 -- Remission of sentence - Revocation thereof - Legality of - Held, once remission granted by virtue of Art.161 of the Constitution by State Government on occasion of Republic Day and entered in history sheet of convict, cannot be revoked later on u/s 432 Cr.P.C. by department of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused stated that he was owing a sum of Rs.49, 000/- but complainant misused cheque and filled in cheque of Rs.80, 000/- - Held, since complainant is holder of cheque duly signed by accused and accused admitted that there were commercial relations between parties, therefore presumption has to be drawn..........
Criminal Procedure Code, 1973, Section 248(2) -- Quantum of sentence - Illustrative factors are : (a) Motive or previous enmity; (b) Whether the incident had taken place on the spur of the moment; (c) The intention/knowledge of the accused while inflicting the blow or injury; (d) Whether the death ensued instantaneously or the victim died after several days; (e) The..........
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...........
Haryana good Conduct Prisoners (Temporary Release) Act, 1988, Section 3, 4 -- Parole or furlough - Parole period counts towards the actual sentence but is subtracted from the total sentence - However, furlough period counts towards both the actual as well as total sentence and is not subtracted - Parole is a special leave - Parole is part of actual sentence but it is to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 8 kg. - Accused convicted and sentenced to 12 years - Accused already undergone 9-1/2 years of sentence - No earning member in the family of accused to support his family consisting of two young daughters, wife and ailing mother - Sentence reduced to ten years - Fine reduced from..........
Indian Penal Code, 1860, Section 436 -- Reduction in sentence - Accused a young married man having small kids and he was the only earning member of the family - Incident of the year 1989 - Accused was in jail for more than 7 months - Considering nature of allegations and period of sentence already undergone and subsequent developments while maintaining conviction sentence..........
Prevention of Food Adulteration Act, 1954, Section 16(1A) -- Protracted trial - Reduction in sentence - Accused suffered protracted trial of 12 years - Accused more than 70 years of age - Accused not repeated the offence - Sentence reduced to already undergone - However, fine enhanced to Rs.25, 000/-...........
