herein is seeking regular bail under section 439 of the
Code of Criminal Procedure in connection with CR.No.I-185 of 2010
registered with ... wherein the Apex Court
interpreted on section 436A of the Code of Criminal Procedure and
has directed that the period of imprisonment of all those
from
Mehsana have satisfied the provisions of Section 436A of the Criminal
Procedure Code. It is reported by the concerned District Legal
Services Authorities that ... because Section 325 specifically lays down the procedure
when Magistrate cannot pass sentence sufficiently severe. Section
325 of Cr.PC reads as under :-
325. Procedure
CRIMINAL APPEAL NO. 1259of 2018
WITH
CRIMINAL MISC. APPLICATION NO. 2 of 2018
IN R/CRIMINAL APPEAL NO. 1313of 2018
WITH
CRIMINAL MISC. APPLICATION ... CODE AND THE LAW ON THE
SUSPENSION OF SENTENCE :
27. Section 389 of the Code of Criminal Procedure, 1973, reads
thus :
"389. Suspension
CRIMINAL APPEAL NO. 1259of 2018
WITH
CRIMINAL MISC. APPLICATION NO. 2 of 2018
IN R/CRIMINAL APPEAL NO. 1313of 2018
WITH
CRIMINAL MISC. APPLICATION ... CODE AND THE LAW ON THE
SUSPENSION OF SENTENCE :
27. Section 389 of the Code of Criminal Procedure, 1973, reads
thus :
"389. Suspension
CRIMINAL APPEAL NO. 1259of 2018
WITH
CRIMINAL MISC. APPLICATION NO. 2 of 2018
IN R/CRIMINAL APPEAL NO. 1313of 2018
WITH
CRIMINAL MISC. APPLICATION ... CODE AND THE LAW ON THE
SUSPENSION OF SENTENCE :
27. Section 389 of the Code of Criminal Procedure, 1973, reads
thus :
"389. Suspension
applications filed under Sections
438 and 439 of the Code of Criminal Procedure, 1973 (in
short as " Cr.P.C .). The petitioner herein ... been defined in the Cr.P.C , but the Code,
despite being a procedural law, is enacted on an inviolable
Page 3 of 26
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detention.
[28] In recognition of this constitutional right, the Parliament
amended the Cr.P.C . and inserted Section 436-A1. This provision
stipulates the maximum ... trial is not
concluded within specified periods) of the Criminal Procedure
Code , 1973 would apply:
Page 13 of 22
Uploaded by DHARMENDRA KUMAR(HC01071
word "bail" is not defined under the Code of
Criminal Procedure , 1973 (" Cr.PC " for short), though it
has been defined ... trial is not concluded within specified periods)
of the Criminal Procedure Code , 1973 would apply:
"86.........We do not wish to deal with individual
such necessary
ingredient of criminal breach of trust stated in section 405 of IPC
read with section 415 of IPC where cheating is defined ... Section
440 of the Code, facilitating the release.
100.9 While insisting upon sureties the mandate of Section
440 of the Code has to be kept
from
Mehsana have satisfied the provisions of Section 436A of the Criminal
Procedure Code. It is reported by the concerned District Legal
Services Authorities that ... because Section 325 specifically lays down the procedure
when Magistrate cannot pass sentence sufficiently severe. Section
325 of Cr.PC reads as under :-
325. Procedure
