Probation of Offenders Act, 1958, Section 4(1) -- Release on probation - Object thereof - Held, it is only in cases where court having regard to the circumstances of case including nature of offence, age, character and antecedents of offender and with object of reforming offender and save him from hardened criminals already detained in prison, considers it expedient to..........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Reduction in sentence - Illegal gratification - Patwari accepting Rs.1000/- as bribe - Conviction and sentenced to 5 years RI and to pay fine of Rs.1, 000/- - Accused undergone physical and mental agony for 11 years - Sentence reduced to one and half years...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Appeal - Suspension of sentence - Imposition of six months' SI and to pay compensation of Rs.3 lakh to original complainant - Applicant belongs to poor strata of society - Applicant directed to deposit 25% amount instead of 50% amount as directed by Sessions Court - Applicant has deposited..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - High Court granting bail by a cryptic order showing complete non application of mind - Not sustainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction of accused - Appeal against judgment of conviction and order of sentence - Appellate Court while suspending execution of sentence imposed condition of asking appellant to remain present in court - Held, condition is harsh and puts accused in difficult position - Court can ask accused to..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted u/s 376 IPC - Victim a British journalist and business woman - Victim alleged that because of this incident she was emotionally, mentally and physically wrecked and became totally uncapicitated to even think and act like a..........
Criminal Procedure Code, 1973, Section 432, 433A, 374, Article 72, 161, Rule 2(i) - - Suspension of sentence - Rules of 2007 - Legality of - Held, Rules of 2007 are illegal and as such, liable to be quashed in its entirety...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Sample of milk found deficient by 9% of solid milk fat - Accused convicted and sentenced to 6 months R.I. - Incident 16 years old when the accused was 20 years of age - Sentence reduced to one already undergone - However, fine enhanced from Rs.1, 000/- to Rs.10, 000/-...........
Indian Penal Code, 1860, Section 307, 324 -- Reduction in sentence - High Court altered conviction from S.307 to S.324 IPC - Sudden quarrel - No previous enmity - A single blow inflicted on back of deceased - Opinion of doctor that deceased did not die due to direct result of injuries sustained by him - Appellant prosecuting case for the last 14 years and has undergone..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Decision likely to take time - Part of sentence already undergone - Remainder of sentence suspended till decision of appeal...........
