Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Recording of reasons - Held, while directing suspension of sentence appellate Court must record reasons in writing to ensure that there was careful consideration of relevant aspects and order directing - Suspension of sentence and grant of bail not to be passed as a matter of..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Factors to be taken into consideration - Held, effect of bail granted during trial loses significance when on completion of trial accused persons have been found guilty - Bail and absence of its misuse during trial cannot be said to have any significance while making order u/s..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Murder - Suspension of sentence during pendency of appeal - Held, benefit of suspension of sentence in murder cases can be granted only in exceptional case...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail during pendency of appeal - Offence u/ss 498-A, 304-B IPC and Ss.3/4 Dowry Prohibition Act - Conviction of husband and other relations - Deceased and her husband were living in a separate house - Mother, brother and sisters of husband..........
Criminal Procedure Code, 1973, Section 437, 209 -- Bail - Granted by High Court - Appeal by complainant - High Court while considering bail application should not have recorded a definite conclusion about non possibility of the injuries having been sustained in the manner indicated by the prosecution - Complainant and independent eye witnesses threatened by accused - Bail..........
Criminal Procedure Code, 1973, Section 437, 209 -- Bail - Granted by High Court - Appeal by complainant - High Court while considering bail application should not have recorded a definite conclusion about non possibility of the injuries having been sustained in the manner indicated by the prosecution - Complainant and independent eye witnesses threatened by accused - Bail..........
Criminal Procedure Code, 1973, Section 386 -- Leave to appeal by State Govt. - Enhancement of sentence - Delay of about 7 years and 9 months - Only explanation for delay given by counsel for State is that public prosecutor appearing on behalf of State in trial court did not inform State Govt. about result of the case - Further record of trial court had been summoned by..........
Indian Penal Code, 1860, Section 302 -- Trial Court convicted all the accused - In appeal High Court acuqitted them - Appeal agaisnt acquittal in Supreme Court - Held, that HIgh Court had not discussed eye witnesses verison - Even medicla evidence was not discussed - Two PW's had fully supported the proseucotn verison - High Court erroneously observed that there was no..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302, 34, 201 -- Murder of husband by wife - Appeal against acquittal - Plea of appellant that two eye-witness though friend and brother of accused not supported their case as they tried to protect accused person - However, in absence of any credible evidence to show involvement of accused in..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27 -- Second appeal - Suit for possession by way of pre-emption - Rejection of application for production of additional evidence in appellate Court - Since events occurring after passing of decree are irrelevant for adjudicating right of pre-emption and such evidence deserves to be rejected - Rejection of application..........
