Section 426 in The Code of Criminal Procedure, 1973
426. Sentence on escaped convict when to take effect.
(1) When a sentence of death, imprisonment ... life or fine is passed under this Code on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately
CRIMINAL APPEAL NO. 1259of 2018
WITH
CRIMINAL MISC. APPLICATION NO. 2 of 2018
IN R/CRIMINAL APPEAL NO. 1313of 2018
WITH
CRIMINAL MISC. APPLICATION ... CODE AND THE LAW ON THE
SUSPENSION OF SENTENCE :
27. Section 389 of the Code of Criminal Procedure, 1973, reads
thus :
"389. Suspension
CRIMINAL APPEAL NO. 1259of 2018
WITH
CRIMINAL MISC. APPLICATION NO. 2 of 2018
IN R/CRIMINAL APPEAL NO. 1313of 2018
WITH
CRIMINAL MISC. APPLICATION ... CODE AND THE LAW ON THE
SUSPENSION OF SENTENCE :
27. Section 389 of the Code of Criminal Procedure, 1973, reads
thus :
"389. Suspension
CRIMINAL APPEAL NO. 1259of 2018
WITH
CRIMINAL MISC. APPLICATION NO. 2 of 2018
IN R/CRIMINAL APPEAL NO. 1313of 2018
WITH
CRIMINAL MISC. APPLICATION ... CODE AND THE LAW ON THE
SUSPENSION OF SENTENCE :
27. Section 389 of the Code of Criminal Procedure, 1973, reads
thus :
"389. Suspension
Court itself shall take recourse provided under the provisions of the Criminal Procedure Code to secure the presence of the absconding convict and can issue ... granted under sub-section (1) and (2) of Section 426 in Criminal Procedure Code , 1898, using its inherent power under Section 561A of the
reading of Sub-Section (2) of Section 427 of the Code of
Criminal Procedure makes it abundantly clear that if a person
already undergoing ... language employed in Sub-Section (2) of Section 427 of Code
of Criminal Procedure. Though an attempt is made by the
learned Government Pleader
HASILKAR, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF CRIMINAL
PROCEDURE CODE , PRAYING TO SET ASIDE THE JUDGMENT ... imprisonment for a term is passed
under the code on an escaped convict, Section 426(2)(a)
Cr.P.C., is applicable and the Court
criminal
appeal?
The Bench, thereafter, scanned through the scheme of the
Parole Rules and the relevant provisions of the earlier applicable
Code of Criminal Procedure ... Cr.P.C ., 1898') as also in the Code of Criminal
Procedure , 1973 (hereinafter referred to as 'the Code
exercised either for giving effect to
any order under the Criminal Procedure Code or to prevent
abuse of the process of a court or otherwise ... specific provision or
inconsistent with any specific provision of the Criminal
Procedure Code . Under ss. 497 and 498, Cr. P.C., the
Legislature has made
connotation in law. Bail is well understood in Criminal Jurisprudence and Chapter XXXIII of Criminal Procedure Code contains elaborate provisions relating to grant of bail ... powers under Section 432 of Criminal Procedure Code are not curtailed.
25. Section 432 of the Code of Criminal Procedure falls within Chapter XXXII, which
