recording that
the case
“related to an offence punishable under Section 386 IPC and the
sentence in respect of the said offence ... CrPC the imprisonment should be for a clear period of
10 years or more.”
This is factually incorrect, inasmuch as Section 386 of the IPC
Indian
Penal Code, and setting aside his order acquitting the
appellant under s. 458 , Indian Penal Code, and convicting
the appellant under s. 452 , Indian ... appellant for the
offences under ss. 347 , 365 and 386 , Indian Penal Code, to
undergo rigorous imprisonment for I year, 2 years
proviso (a)(i) and (ii) and Section 386 of the Indian Penal Code may be usefully extracted herein below :
"167(2) The Magistrate ... revisional Court holding that for an offence under Section 386 IPC the maximum period of detention without submission of charge-sheet could
revisional, Court holding that for an
offence under Section 386 IPC the maximum period
of detention without submission of charge-sheet
could ... Section
167(2) of the Code for the grant of statutory bail
for an offence under Section 386 IPC which is
punishable with
revisional Court holding that for an offence
under Section 386 IPC, the maximum period of
detention without submission of charge-sheet
could ... taken by the Apex Court is that the
punishment under Section 386 IPC, ie., for a
term, which may extend to 10 years
Code in the context of the expression "imprisonment, which may extend to 10 years" occurring in Section 386 , IPC ... view of the fact that for the offence committed under Section 386 IPC, the imprisonment can be for less than 10 years also
attracts only
3
the offence under Section 387 and not Section 386 IPC. The
offence under Section 386 IPC is punishable ... offence under Section
387 IPC and not Section 386 IPC even so mentioned in the
FIR pending investigation and also none
attracts only
3
the offence under Section 387 and not Section 386 IPC. The
offence under Section 386 IPC is punishable ... offence under Section
387 IPC and not Section 386 IPC even so mentioned in the
FIR pending investigation and also none
complaint
against the accused which are punishable under Section 386 of
Indian Penal Code (for short ' IPC '), since there ... Sections 506 and 384 of IPC and not Section 386
of IPC. Having found that no offence is made out under
offences, much less the offences punishable under
Sections 420 , 506 and 386 IPC. Learned counsel seeks
protection from arbitrary arrest. Learned counsel also ... Cr.P.C..
5. Learned Additional Public Prosecutor on the other
hand states that the case is under investigation.
6. Section 386 IPC
