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 -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Section 3, 5(1) -- Bail - Offence u/s 365 IPC and Ss.3, 5(1) of 2021 Act - Serious allegations of religious conversion is on record against accused - If this process is allowed to be carried out majority population of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW2 - Application filed to recall PW2, as certain question of facts which are of vital importance not put to PW2 by previous counsel - Denial of opportunity to put such pertinent questions on facts would greatly affect the outcome of trial - No repetitive question would be put to said witness and re-examination is..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted only for a period of two months - Accused was in custody since 2022 - Only one witness had been examined so far - There was no good reason for High Court to limit the period of bail - If High Court was of the view that right of accused to have speedy trial could be said to have been infringed, then High Court..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted subject to condition that surety shall be the victim - It was practically impossible to ask victim to stand as a surety - Condition imposed by High Court set aside - Accused is ordered to be released on bail subject to terms and conditions that trial Court may deem fit to impose...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Grant of leave to prosecute should not be as a matter of routine, but should be on just and equitable basis, when materials reveal that Court below has not appreciated the materials in proper perspective...........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Defect in investigation cannot be a ground to cat away the testimony of witnesses, which is otherwise proved...........
