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Search Results for "suspended sentence"

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High Court

High Court of Bombay at Goa Grants Bail to Convict in NDPS Case Pending Appeal — Suspension of Sentence Allowed on Ground of Long Incarceration and Low Likelihood of Early Hearing. The court found reasonable grounds to believe the applicant was not guilty under Section 21(c) of the NDPS Act, 1985, and that the appeal was likely to succeed, considering the applicant had undergone more than half of the sentence and was a first-time offender.

30 Apr 2026

The applicant, Ifechukwu David Madukwe, a Nigerian national, was convicted by the Additional Sessions Judge, Mapusa, in NDPS/30/2020 for an offence pu...

Supreme Court

Supreme Court Upholds Convictions Under Prevention of Food Adulteration Act, Denies Probation to Adult Offenders. Section 20AA of PoFA Act, which excludes application of Probation of Offenders Act and Section 360 CrPC for offenders above 18, is constitutional and does not violate Articles 14, 21, or 20(1) of the Constitution.

15 Jul 2025

The Supreme Court dismissed two criminal appeals arising from convictions under the Prevention of Food Adulteration Act, 1954 (PoFA Act). In the lead ...

Supreme Court

Supreme Court Quashes Suspension of Sentence in POCSO Case Due to Erroneous Age Determination and Lack of Reasons. The High Court's order suspending sentence was set aside as it was based on mere suspicion about the victim's age without proper evidence under Sections 34 POCSO Act and 94 Juvenile Justice Act, and failed to record reasons as required under Section 389 CrPC.

21 Apr 2025

The appeal was filed by the mother of a minor victim of sexual assault against the High Court's order suspending the sentence of the convicted accused...

Supreme Court

Supreme Court Clarifies Remission Power Under Section 432 CrPC — Emphasizes Need for Application, Reasoned Orders, and Procedural Fairness. The Court held that suo motu remission is impermissible, conditions must be reasonable, automatic revocation invalid, and reasons must be recorded for rejection.

18 Feb 2025

The Supreme Court, in a suo motu writ petition, examined the scope and limitations of the power of the appropriate Government to remit sentences under...

High Court

Bombay High Court Holds It Has Power to Accept Consent Terms and Compound Offence Under Section 138 NI Act in Revision Proceedings. The Court clarifies that Section 397 CrPC read with Section 401 CrPC empowers the High Court to record compromise and acquit accused even in revision, subject to satisfaction of complainant.

20 Dec 2024

The Bombay High Court was hearing a group of criminal revision applications and connected matters, all arising from proceedings under Section 138 of t...

Supreme Court

Supreme Court Allows LIC to Proceed with Dismissal of Convicted Employee Despite Pending Criminal Appeal. Suspension of Sentence Does Not Stay Conviction Under Regulation 39(4) of LIC (Staff) Regulations 1960.

10 Jan 2020

The Supreme Court allowed the appeal filed by the Life Insurance Corporation of India (LIC) against the judgment of the Gujarat High Court Division Be...

Supreme Court

Supreme Court Allows Suspension of Sentence in Bank Fraud Case Due to Erroneous Aggregation of Concurrent Sentences. High Court's Rejection of Bail Under Section 389 CrPC Set Aside as It Overlooked Trial Court's Direction That All Sentences Run Concurrently, Reducing Maximum Imprisonment to 7 Years.

16 Apr 2019

The appellant, N. Ramamurthy, was convicted by the Special Judge for CBI cases in Bengaluru for offences under Section 120-B read with Sections 409, 4...

High Court

Bombay High Court Quashes Externment Order Under Section 57 of Bombay Police Act, 1950 for Non-Compliance with Section 59 — Failure to Consider Less Drastic Measures and Provide Opportunity of Hearing. Externment Order Set Aside as Authority Did Not Comply with Mandatory Requirements of Section 59 of Bombay Police Act, 1950.

5 Oct 2012

The petitioner, Ashok @ Aau s/o Pitambar Choudhary, filed a Criminal Writ Petition under Articles 14, 21, 226, and 227 of the Constitution of India ch...

High Court

Bombay High Court Allows Petitions Challenging Condition of Compensation for Suspension of Sentence in NI Act Cases. Appellate Court Cannot Impose Payment of Compensation Under Section 357(3) CrPC as Condition for Suspending Sentence Under Section 389 CrPC.

6 Jun 2006

The Bombay High Court addressed three petitions raising a common legal question: whether an appellate court hearing an appeal against conviction under...

High Court

Bombay High Court Allows Application Challenging Condition of Deposit in Suspension of Sentence in NI Act Case — Appellate Court Cannot Impose Deposit Condition Under Section 357(2) CrPC for Suspension of Sentence

26 Oct 2005

The applicant, Maheshwar Dattatraya Kale, was convicted by the Judicial Magistrate First Class, Pune, under Section 138 of the Negotiable Instruments ...

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