Code of Criminal Procedure and
though the proviso to Section 431 of Code of
Criminal Procedure provides that Section 359 of
Code of Criminal Procedure ... Criminal Procedure.
16. Section 431 of Code of Criminal
Procedure is to be appreciated in this
background. Section 431 of Code of Criminal
Procedure applies
Code of Criminal Procedure and
though the proviso to Section 431 of Code of
Criminal Procedure provides that Section 359 of
Code of Criminal Procedure ... Criminal
Procedure.
16. Section 431 of Code of Criminal
Procedure is to be appreciated in this
background. Section 431 of Code of Criminal
Procedure applies
section (1) of
Section 357 of the Code of Criminal
Procedure as also sub-section (3) thereof.
However, while exercising jurisdiction
7
under sub-section ... awarded under
Section 357(3) Cr.P.C. could also be recovered
under Section 431 Cr.P.C. read with Section 421
facts bring in Section 357 CrPC particularly sub Section 3 of
Section 357 together with 431, 421 CrPC into the picture ... have especially in view of the proviso to sub section
1 of Section 421 CrPC, where a clear distinction have been made
convict to pay the amount due as provided under Section 421 Cr.P.C. and
considering all the aspects, called for a report from ... relates to definitions. Sub- Section 26 of Section 3 defines 'immovable
property' where sub- Section 36 of said Section
event of acquittal. Subsection (5) of section
143A refers to section 421 of the Code of Criminal Procedure. It
states that the interim compensation payable ... available under section
357 of the Code of Criminal Procedure and amount of fine is
recoverable by following procedure under section 421 of the Code
event of acquittal. Subsection (5) of section
143A refers to section 421 of the Code of Criminal Procedure. It
states that the interim compensation payable ... available under section
357 of the Code of Criminal Procedure and amount of fine is
recoverable by following procedure under section 421 of the Code
event of acquittal. Subsection (5) of section
143A refers to section 421 of the Code of Criminal Procedure. It
states that the interim compensation payable ... available under section
357 of the Code of Criminal Procedure and amount of fine is
recoverable by following procedure under section 421 of the Code
however, refer to sections 421 and 431 of Cr.P.C.
Section 421 (1) Cr.P.C. stipulates that when an offender has been
sentenced ... compensation and, therefore, the Learned Trial Court shall
take recourse to sec 421 Cr.P.C . irrespective of convict having
undergone default sentence.
14. Keeping
while dismissing the
application of revisionist/convict filed U/s 357 r/w Sec.421 & 431
Cr.P.C, issued NBW against the revisionist ... Trial Court, the revisionist/convict preferred an application U/s
357 r/w Sec.421 & 431 Cr.P.C interalia praying "to record
