sentence was suspended. Sub-Sections (1) and (2) of Section 426 of the CrPC,
1898 are similar to Section 389 (1) of the present CrPC ... Section 561-A of the CrPC, 1898, arose because the second proviso, which, now,
has been added to sub-Section (1) of Section 389 CrPC
amendment in Section 148 of the N.I. Act
and while suspending the sentence in exercise of
powers under Section 389 ... were a fine under Section 421 of the Cr.P.C.,in view of Section 143-A [sub-
section (5)] but the same would
Section 439 . The argument of the learned
counsel for the second respondent that resort could be made
to the second proviso in Section 389 ... appellant stands convicted under Section 302
included of the IPC . He filed an application under Section
389. The impugned order reads as follows:
“List this
bail under Section 439 of the Code of Criminal Procedure in case of pre-Trial arrest and suspension of sentence under Section 389 ... petitioner appellant was found guilty under Sections 3 and Section 7 read with Section 251A and 1B of the Arms act 1959 and sentenced
released on bail, the conviction
does not cease to be operative. Section 389 of the Code of Criminal
Procedure, 1973 empowers the appellate court ... under Section 357 or
Section 360 of the Code? Obviously the order referred to in
Section 389(1) must be an order capable of execution
Section 439 . The argument of the learned
counsel for the second respondent that resort could be made
to the second proviso in Section 389 ... appellant stands convicted under Section 302
included of the IPC . He filed an application under Section
389. The impugned order reads as follows:
“List this
mentioned in
Section 267 of the Companies Act, we
see no reason why we should give a
narrow meaning to Section 389 ... exercise inherent jurisdiction under
Section 482 of the Code if the power was
not to be found in Section 389(1) of the
Code
closed for summer vacation. The appellant moved an
application under Section 389(1) of the Code of Criminal Procedure,
1973 (hereinafter referred ... stands convicted of offences under
Section 302 read with Section 34 , inter alia, of the IPC . Section
389 of the Cr.P.C. deals with
Section 37 of the NDPS Act stipulates that no
person accused of an offence punishable for offences under Section 19 or
Section 24 or Section ... 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
Gangtok, East Sikkim)
..... Appellant
Versus
State of Sikkim
.....Respondent
Application under Section 389(1) of the Code of Criminal
Procedure Code, 1973.
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Appearance:
Ms. Zola ... ORAL)
Bhaskar Raj Pradhan, J.
1. This is an application under section 389(1) of the
Code of Criminal Procedure
