recommendation reads as follows:
“47. Two provisos to sub-section (1) of section 389 of the Code be
added to the effect that the Appellate ... procedure for
consideration of bail under Section 439, which is pre conviction stage and
Section 389 Cr.PC, which is post conviction stage. In case
recommendation
reads as follows:
"47. Two provisos to sub-section (1) of section 389 of
the Code be added to the effect that ... procedure for consideration of bail under Section 439, which is pre
conviction stage and Section 389 Cr.PC, which is post conviction
8
stage
Application Under Section 389(1) Of ... vs Unknown on 18 January, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
77
18.01.2017
sm
Allowed ... matter of: An application under Section 389(1) of the Code of
Criminal Procedure, 1973.
In Re:- Samad Sk. & Ors. .. Appellants.
Mr.Rajdeep Majumder
Application Under Section 389 Of The ... vs Unknown on 22 February, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar ... CRAN 3384 of 2016
In the matter of : An application under section 389 of the Code of
Criminal Procedure, 1973
In Re:- Kaila Shankar
present application is filed by
the appellant-accused under Section 389 of the
Code of Criminal Procedure, 1973 (hereinafter
referred to as `the Code ... above principle has been
reiterated from time to time thereafter.
25. Section 389 of the Code expressly and
specifically deals with suspension of sentence
with a prayer to exercise
jurisdiction by the Appellate Court under section 389(1) of the
Cr.P.C. has been filed by the appellant ... Kamal Nayan Choubey,
counsel appearing for the appellant that under section 389 of
Cr.P.C. besides suspension of the Order of sentence, conviction
judgment , the court held as under:
"As the discretion under Section 389(1) is to be exercised
judicially, the Appellate Court is obliged ... bail under Section
439 of the CrPC in case of pre-trial arrest and suspension
of sentence under Section 389 of the CrPC and grant
five years for offence under Section 3
of the Dowry Prohibition Act.
26. As the discretion under Section 389(1) is to be
exercised judicially ... bail under
Section 439 of the CrPC in case of pre-trial arrest and
suspension of sentence under Section 389 of the CrPC
and grant
behalf of the respondent
State.
This
is an Application under Section 389 of the Code of Criminal Procedure
preferred by the accused-applicant, praying ... judicial discretion while considering the application
filed by the convict under Section 389 of Criminal Procedure Code.
Reference
can be made to the decision
behalf of the respondent
State.
This
is an Application under Section 389 of the Code of Criminal Procedure
preferred by the accused-applicant, praying ... judicial discretion while considering the application
filed by the convict under Section 389 of Criminal Procedure Code.
Reference
can be made to the decision
