successive bail applications in a pending appeal or bail application under
Section 389 or 437/439, Criminal Procedure Code , should be considered
by the Bench ... first application for bail preferred in a
pending appeal under Section 389(1) of the Code
has been considered by a Bench and faced
rejection
Court was passed by T.P. Sharma,
J: -
1. Applications under Section 389 of the Code of Criminal
Procedure, 1973, (for short `the Code ... appellants is well founded. At the stage of considering
application under Section 389 (1) of the Code for suspension
of sentence and grant of bail
order to decide the plea, it would be appropriate to notice Section
389(1) of CrPC by which sentence awarded to an accused person convicted ... bond. "
7. A careful perusal of the provisions contained in Section 389(1) of CrPC
would show that the Legislature has consciously empowered
provisions contained under
sub sections 3 and 5 of Section 15A of the Act
of 1989 are mandatory in nature. Section ... bail."
9. AS such, by virtue of subsection (1) of Section
389 of CrPC, in a pending criminal appeal, the
Court may order
Court was passed by T.P. Sharma,
J: -
1. Applications under Section 389 of the Code of Criminal
Procedure, 1973, (for short `the Code ... appellants is well founded. At the stage of considering
application under Section 389 (1) of the Code for suspension
of sentence and grant of bail
application for suspension of sentence and
grant of bail under Section 389(1) of the CrPC, notice to the
victim/complainant under the provisions ... Section 6 read
with Section 17 of the POCSO Act while hearing the application for
suspension of sentence and grant of bail under Section 389
years under Section 420/ 34 , Rigorous imprisonment for two years under Section 468/ 34 and Rigorous Imprisonment for one year under Section ... appeal was admitted for hearing. Application under Section 389 filed by respondent No. 1 in the interest of justice was allowed with a direction that
vide its order dated 16/03/2021
allowed the application under Section 389 of the CrPC, suspended
the sentence imposed upon him and directed ... appellate Courts have the power to
suspend the sentence under Section 389 of CrPC. He goes on to
submit that if the conviction
Sec.
25 and 27 of Arms Act
and Sec. 3 & 4 of
Prevention of Damage of
Public Propety Act, 1984
378/ Sec ... Propety Act, 1984
and Sec. 25 & 27 of Arms
Act
389 Sec. 436, 147, 149, 278,
MCRC/9120/2024 1. Rekhram 16.07.2024
/2024
Sec.
25 and 27 of Arms Act
and Sec. 3 & 4 of
Prevention of Damage of
Public Propety Act, 1984
378/ Sec ... Propety Act, 1984
and Sec. 25 & 27 of Arms
Act
389 Sec. 436, 147, 149, 278,
MCRC/9120/2024 1. Rekhram 16.07.2024
/2024
