Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(1) -- Dishonour of cheque - Conviction - Appeal against - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.20,000/- - Pre condition of depositing part of compensation cannot be imposed while exercising power u/s 389(1) Cr.P.C. - Condition of..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Suspension of sentence during pendency of appeal - Offence under NDPS Act - Accused sentenced to R.I for a period of 10 years plus fine - Out of total sentence of 10 years, accused already undergone more than 4 years of actual sentence - Sentence suspended during..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of conviction - No allegation levelled against accused by deceased in her dying declaration - Accused dismissed from service because of conviction order passed against him - Irreparable loss caused to accused - Conviction order suspended with regard to the present petitioner...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 34 -- Bail - Pendency of appeal against conviction - Accused and his wife were jointly found involved in commission of offence - Wife of accused already granted bail though challenge made by complainant is pending against the same - However, High Court while considering the bail of accused,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Condition to deposit amount of fine - Condition to deposit amount of fine cannot be imposed while suspending sentence during pendency of appeal - Condition set aside being contrary to law...........
Criminal Procedure Code, 1973, Section 389(1) -- Stay of conviction - Loss of job is not a valid consideration for grant of rare remedy of staying order of conviction, particularly, when petitioners nowhere averred or substantiated any fact that irreparable injury coupled with irreversible consequences are to ensure consequent upon loss of job and they would be subject to..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 148, 452, 325 -- Suspension of sentence during pendency of appeal - Accused convicted and sentenced for R.I. for 1 year and to pay fine of Rs.1000/- and in default of payment to further undergo R.I. for 1 month - Retirement of accused is due on 31.03.2017 - Accused is only bread earner in family..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence - No straight jacket formula on the basis of which it can be held that stay of suspension of conviction is to be made - While doing so, totality of facts have to be taken into consideration and thereafter issue is to be adjudicated - Each case has to be decided on its own facts...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 313, 365, 344, 120B -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 313, 365, 344, 120-B IPC - Applicant prayed for stay of order of conviction as she intends to contest the elections in State of Punjab - However, involvement of applicant in serious offence..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 363, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Suspension of sentence during pendency of appeal - Kidnapping and rape - Accused undergone 1 year, 3 months and 13 days of imprisonment - Prosecutrix in her statement stated that she had gone with accused with her..........
