Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Condition to deposit 50% of compensation amount while suspending the sentence is not justified taking into account the purpose and object of S.357 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal against conviction subject to condition to deposit 20% of fine amount - Petitioner seems to be in financial distress - Looking at the financial condition of petitioner, directing him to deposit 20% of..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of substantive sentence during pendency of appeal - Distinction between sentence for fixed term and sentence of life imprisonment - If a sentence is for fixed term, ordinarily, appellate Court may exercise its discretion to suspend the operation of same liberally unless there are any exceptional circumstances..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of substantive sentence during pendency of appeal - High Court while declining to suspend the substantive order of sentence of life imprisonment has discussed the prima facie case established against accused before trial Court - In such circumstances, no interference warranted in the impugned order - As regarding..........
Negotiable Instruments Act, 1881, Section 138, 148A, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of compensation amount - Appellate Court passed the order without considering the fact whether accused is able to make out a ground that his case falls under exceptional category which warrants grant..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Fixed term sentence - If sentence imposed by trial Court is for a fixed term, then ordinarily appellate Court should consider the plea for suspension of sentence liberally, unless there are any exceptional circumstances emerging from the record of the case to decline such..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Fixed term sentence - Accused is 70 years of age and out of four years of maximum sentence, he has already undergone 2 years of sentence - He is virtually blind - Nothing on record to show that release of accused on bail pending appeal would thwart the course of justice -..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Order granting suspension of sentence to an accused can in no way mean that stay/suspension of conviction also automatically stands granted...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Murder - Deceased stated in her dying declaration that she herself poured kerosene and match stick was allegedly lit by accused - It would be debatable as to whether deceased who had sustained 98% injuries would..........
Negotiable Instruments Act, 1881, Section 138, Tamil Nadu Suspension of Sentence Rules, 1982, Rule 2(4) -- Dishonour of cheque - Sentence - Application seeking ordinary leave to accused for 21 days without escort to attend the marriage of his son - However, accused completed the substantive sentence period and he is undergoing the default sentence - As per R.2(4) of Tamil..........
