accused preferred the present application
invoking remedy under Section 482 of the Code of Criminal Procedure
( Cr.P.C .) thereby agitating the validity, legality ... present application filed under
Section 482 of Cr.P.C. for exercise of powers prescribed under Section
390 of the
application for bail under Section 439 of Code of
Criminal Procedure, 1973 ( CrPC ) has been filed by the
Petitioner.
2. The Petitioner, Lalan ... accused is acquitted of
a criminal charge, the presumption of innocence is doubly
assured.
8. Section 390 CrPC is a discretionary power
preferred under the proviso
to Section 372 of the Code of Criminal Procedure, 1973
(hereinafter referred to as the Cr.P.C .) which was introduced ... Code of Criminal Procedure,
1898 (hereinafter referred to the old Cr.P.C .). We may note
here that Section 427 of the old
vide order dated 28.06.2022 under Section 397 of Cr.P.C. which
has been incorrectly reflected as Section 390 Cr.P.C. to 'retreat ... reference:-
"Learned counsel for R1 has filed an application under Section.
390 Cr.P.C . for calling of records regarding the previous
litigation between
390, and 397 CrPC . Thus, S. 445 CrPC applies to all bails, including granted under
.
sections 389 , 390 ... version, is more comprehensive, up to date, covers Sections
436 to 439 , 389 , 390 , and 397 CrPC, and henceforth there would
from time to time for
compliance of action under section 390 of the Criminal
Procedure Code.
3. Since the Petitioner was not found ... 390 of the Criminal Procedure Code reads as
under:-
"390. Arrest of accused in appeal from
acquittal.- When an appeal is presented
under section
disputed and it is not in dispute that even
considering Section 390 of the Cr.P.C. and the decision of this
Court ... opinion that this is a fit case
to exercise powers under Section 390 Cr.P.C. and to suspend the
impugned judgment and order passed
seeking leave to appeal under Section 378(3) of the Code of Criminal Procedure, 1973 (for short ' CrPC '). This court ... consideration it will be useful to have a look at Section 390 Cr.P.C. which provides thus:
When an appeal is presented under Section
CRIMINAL APPEAL NO. OF 2021
Heard.
2. Admit.
3. Action under Section 390 of the Code of
Criminal Procedure ( Cr.P.C .) be taken against ... brought before
the Court, in execution of action under Section 390 of
Cr.P.C., they shall be released on bail in respect
been filed by
the petitioner under Section 439 read with Section 390 Cr.P.C. read
with Section 36-C of the Narcotic and Psychotropic ... meanwhile, the petitioner filed Criminal Miscellaneous (B)
Case No.65 of 2021 under Section 390 Cr.P.C. before the learned
Special Judge, Thoubal praying
