Mere Suspension Of Sentence Or Grant Of Bail To The Accused Cannot Imply That The Conviction Ceases To Operate : Delhi HC [Read Order]
5 years, 2 months ago

Mere Suspension Of Sentence Or Grant Of Bail To The Accused Cannot Imply That The Conviction Ceases To Operate : Delhi HC [Read Order]

Live Law  

Delhi High Court has reiterated that suspension of sentence, pending an appeal, doesn't imply a suspension of order of conviction. It is held by Justice Rekha Palli that in a criminal trial, if a convict has been granted bail or suspension of his sentence pending his appeal, that doesn't mean that his conviction ceases to operate. In the present case, the petitioner was convicted of offences under sections 363, 366, 368 and 376 of IPC, however upon filing of an appeal, the appellate court suspended his sentence and granted him bail pending his appeal. Petitioner's counsel argued that even though the petitioner's appeal is still pending adjudication before the High Court, once his sentence stands suspended and he has been released on bail, the respondent is duty-bound to take him back in service as the effect of the said suspension, would tantamount to the order of conviction and sentence being treated as non est.

Appeal Court Conviction Order Suspension Sentence His Sentence Petitioner Pending His Appeal  mere  grant  petitioner  court  read  bail  appeal  conviction  operate  pending  suspension  sentence  imply  order  hc  doesnt  delhi

History of this topic

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court
1 month, 2 weeks ago

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court

Live Law  

The Supreme Court recently clarified that it has not laid down any proposition that post-conviction bail can be granted only if the convict has undergone half of the sentence.While considering a petition challenging the refusal of the Madhya Pradesh High Court to suspend sentence, the Court observed that the High Court has misunderstood its decision in Atul @ Ashutosh v. …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
2 months, 2 weeks ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct
3 months, 3 weeks ago

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct

The Hindu  

A two-member Bench of the Supreme Court that granted bail to Delhi Chief Minister Arvind Kejriwal in the Delhi excise policy case was divided on the legality of his arrest by the CBI on corruption charges soon after he was given regular bail in connection with money-laundering charges. After the benefit was given to the co-accused, including Delhi’s Deputy Chief …

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody
3 months, 4 weeks ago

Supreme Court Sets Aside HC Condition That Accused Who Got Bail Can Furnish Bail Bonds Only After Spending 6 Months In Custody

Live Law  

Reiterating that the pre-trial process itself shall not become punishment, the Supreme Court yesterday set aside a bail condition imposed by the Patna High Court to the effect that the bail bonds be furnished by the accused after completion of 6 months in custody from the date of the order. "We see no valid reason for the High Court to …

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5
4 months, 2 weeks ago

Supreme Court Adjourns Arvind Kejriwal's Bail Plea In CBI Case Till September 5

Live Law  

The Supreme Court on Friday adjourned the hearing of Delhi Chief Minister Arvind Kejriwal's pleas challenging his arrest and seeking bail in the case registered by the CBI over the alleged Delhi Liquor Policy scam, after the CBI sought time to file a counter-affidavit in the matter.A bench of Justices Surya Kant and Ujjal Bhuyan posted the matter on September …

Arvind Kejriwal moves Supreme Court for bail, cites Manish Sisodia order
4 months, 4 weeks ago

Arvind Kejriwal moves Supreme Court for bail, cites Manish Sisodia order

Hindustan Times  

Delhi chief minister Arvind Kejriwal approached the Supreme Court on Monday, seeking release from jail in connection with the Delhi excise policy case, in which he is under investigation by the Central Bureau of Investigation -- two days after the top court granted bail to former Delhi deputy chief minister Manish Sisodia in the related probed by CBI and the …

Delhi excise policy case: SC to hear BRS MLC K Kavitha's bail plea on August 12
5 months ago

Delhi excise policy case: SC to hear BRS MLC K Kavitha's bail plea on August 12

New Indian Express  

NEW DELHI: The Supreme Court is scheduled to hear on August 12, Monday, the Bharat Rashtra Samithi leader, K Kavitha's plea seeking bail in the cases filed by both the Central Bureau of Investigation and the Enforcement Directorate in connection with the 2021-22 Excise Policy A two-judge bench of the top court, led by Justice BR Gavai and also comprising …

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail
5 months ago

‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail

Hindustan Times  

The Delhi high court on Wednesday asked the Enforcement Directorate if it intended to arrest chief minister Arvind Kejriwal again in the money laundering case registered in connection with the Delhi excise policy. Taking note of the Supreme Court’s July 12 order granting interim bail to the Aam Aadmi Party chief, a bench of justice Neena Bansal Krishna asked ED …

Arvind Kejriwal’s bail plea: ‘Will you arrest him again?’: Delhi High Court asks ED
5 months ago

Arvind Kejriwal’s bail plea: ‘Will you arrest him again?’: Delhi High Court asks ED

The Hindu  

The Delhi High Court on Wednesday questioned the Enforcement Directorate about the relevance of its challenge to the bail granted to Chief Minister Arvind Kejriwal, when the Supreme Court had already granted him interim bail in the excise policy-related money laundering case. On July 12, the Supreme Court granted interim bail to Mr. Kejriwal in the money laundering case. At …

'Will you arrest Arvind Kejriwal again?': Delhi high court asks Enforcement Directorate
5 months ago

'Will you arrest Arvind Kejriwal again?': Delhi high court asks Enforcement Directorate

Hindustan Times  

The Delhi high court on Wednesday sought to know from the Enforcement Directorate what would it do if the court allowed its plea seeking cancellation of bail granted to chief minister Arvind Kejriwal. The court asked the query because the Supreme Court had already granted him interim bail in the money-laundering case linked to the now-scrapped excise policy. The Supreme …

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence
5 months, 1 week ago

Why Parvinder Singh Khurana v ED is an Important Judgment for Bail Jurisprudence

The Quint  

“If courts ‘cave in’ when great rights are gouged within the sound-proof, sight-proof precincts of prison houses, where, often, dissenters and minorities are caged, Bastilles will be re-enacted. Therefore we affirm that imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, courts will refuse to recognise the full panoply of Part III enjoyed by a free …

Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court
5 months, 2 weeks ago

Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court

Live Law  

In an important judgment, the Supreme Court on Tuesday held that bail orders should not be normally stayed. Setting aside an order of the Delhi High Court which stayed the bail granted in a money laundering case, the Court stated that bail orders can be stayed only in exceptional circumstances. However, the court, highlighting that the rights guaranteed under Article …

Supreme Court says an order granting bail can be put on hold only in exceptional cases
5 months, 2 weeks ago

Supreme Court says an order granting bail can be put on hold only in exceptional cases

India Today  

The Supreme Court on Tuesday, while setting aside the order of the Delhi High Court, which stayed the bail granted in a money laundering case, held that bail orders should not normally be put on hold. Stay should be granted only in exceptional cases.” The bench in its 16-page judgment on a petition filed by Parvinder Singh Khurana, an accused …

Kejriwal bail plea: Delhi High Court reserves order on Kejriwal’s pleas seeking interim bail
5 months, 3 weeks ago

Kejriwal bail plea: Delhi High Court reserves order on Kejriwal’s pleas seeking interim bail

The Hindu  

The Delhi High Court reserved on July 17 its order on Chief Minister Arvind Kejriwal's pleas challenging his arrest by the CBI in the excise policy case and seeking interim bail. Mr. Kejriwal was arrested by the CBI on June 26 from Tihar Jail, where he is still lodged in judicial custody in a connected money laundering case filed by …

Delhi excise case: SC to deliver verdict on Kejriwal's plea challenging ED arrest today
5 months, 4 weeks ago

Delhi excise case: SC to deliver verdict on Kejriwal's plea challenging ED arrest today

The Hindu  

The Supreme Court is scheduled to deliver on July 12 its verdict on Delhi Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate in a money laundering case linked to the alleged excise policy scam. The apex court had on April 15 sought a response from the ED on Mr. Kejriwal’s plea challenging his arrest in the …

'This is shocking': Supreme Court on Delhi High Court pausing bail order for a year
5 months, 4 weeks ago

'This is shocking': Supreme Court on Delhi High Court pausing bail order for a year

India Today  

Expressing shock over the way the Delhi High Court stayed a regular bail order for a year without specifying any reason, the Supreme Court on Thursday reserved its verdict and questioned the Enforcement Directorate for defending the high court's decision. A bench of Justices AS Oka and Augustine George Masih was hearing a plea by Parvinder Singh Khurana, an accused …

Soumya Vishwanathan murder case: SC to hear DP's SLP challenging bail to four convicts on July 8
6 months, 1 week ago

Soumya Vishwanathan murder case: SC to hear DP's SLP challenging bail to four convicts on July 8

New Indian Express  

NEW DELHI : On July 8, the Supreme Court will hear Delhi Police’s Special Leave Petition challenging the bail granted by Delhi HC to four life convicts in the 2008 TV journalist Soumya Vishwanathan murder case. Earlier on April 22, 2024, a bench led by Justice Trivedi had also issued notice to Delhi police and the four convicts -- Ravi …

Court was prejudiced: Saurabh Bhardwaj on Delhi HC decision to stay bail of Arvind Kejriwal
6 months, 2 weeks ago

Court was prejudiced: Saurabh Bhardwaj on Delhi HC decision to stay bail of Arvind Kejriwal

Op India  

The Delhi High Court on Tuesday, June 25th, granted the Enforcement Directorate’s request to stay the trial court’s bail ruling for Delhi Chief Minister Arvind Kejriwal in the money laundering case in the liquor policy excise scam. Meanwhile, commenting on the Delhi High Court’s decision to stay the trial court’s order granting bail to CM Arvind Kejriwal in the excise …

Arvind Kejriwal bail plea Highlights: No immediate relief for Kejriwal, Supreme Court to hear Delhi CM’s plea against HC’s stay on bail on June 26
6 months, 2 weeks ago

Arvind Kejriwal bail plea Highlights: No immediate relief for Kejriwal, Supreme Court to hear Delhi CM’s plea against HC’s stay on bail on June 26

The Hindu  

The Supreme Court on Monday deferred hearing Delhi Chief Minister Arvind Kejriwal’s plea challenging the Delhi High Court’s suspension of bail granted to him by a trial court in the Delhi excise policy case. Appearing for the Delhi CM, senior advocate A.M. Singhvi argued that it was “unprecedented” for any Court to stay a bail order on the first day …

Delhi HC to pronounce order on June 25 ED's appeal to suspend Kejriwal's bail
6 months, 2 weeks ago

Delhi HC to pronounce order on June 25 ED's appeal to suspend Kejriwal's bail

New Indian Express  

During the earlier hearing, Additional Solicitor General SV Raju, representing the ED, argued that the trial court's bail order was "perverse" and contrary to the mandate of Section 45 of the Prevention of Money Laundering Act. Opposing the ED's submissions, senior advocate Vikram Chaudhari, representing Kejriwal, raised a preliminary objection to listing the matter during the vacation, noting that the …

Excise Policy case: Delhi HC to pass order today on ED's plea for stay on Arvind Kejriwal's bail
6 months, 2 weeks ago

Excise Policy case: Delhi HC to pass order today on ED's plea for stay on Arvind Kejriwal's bail

India TV News  

Excise Policy case: The Delhi High Court will pronounce its verdict on Tuesday on the Enforcement Directorate's plea to stay the trial court's order granting bail to Chief Minister Arvind Kejriwal in the money laundering case related to the alleged excise scam. The decision comes as the Supreme Court awaits the High Court's final ruling on the Enforcement Directorate's plea …

Delhi excise case: Arvind Kejriwal moves SC against HC’s interim stay on bail order in ED case
6 months, 2 weeks ago

Delhi excise case: Arvind Kejriwal moves SC against HC’s interim stay on bail order in ED case

The Hindu  

Delhi Chief Minister Arvind Kejriwal urgently approached the Supreme Court on June 23 against the Delhi High Court’s suspension of bail granted to him by a trial court in the excise policy case. BJP alleges hypocrisy Reacting to Mr. Kejriwal moving the SC, Delhi BJP president Virendra Sachdeva said that, just days ago, the Aam Aadmi Party had condemned the …

Arvind Kejriwal moves Supreme Court against Delhi High Court stay on his bail in excise policy case
6 months, 2 weeks ago

Arvind Kejriwal moves Supreme Court against Delhi High Court stay on his bail in excise policy case

India TV News  

Delhi Excise Policy Case: Delhi Chief Minister Arvind Kejriwal on Sunday moved to the Supreme Court against the Delhi High Court's interim stay on the trial court's order granting him bail in an Enforcement Directorate case linked to an alleged excise scam. Here's what Kejriwal said in plea Kejriwal, who is currently lodged in Tihar Jail, in his petition said …

Delhi HC puts interim stay on Arvind Kejriwal's bail order
6 months, 2 weeks ago

Delhi HC puts interim stay on Arvind Kejriwal's bail order

Op India  

On Friday, June 21, the Delhi High Court temporarily suspended the order that granted bail to Delhi Chief Minister Arvind Kejriwal in the money laundering case linked to the liquor policy issue. Justice Sudhir Kumar Jain, presiding over the vacation bench, issued this order while serving notice on the ED’s petition, which contested the trial court’s decision from the previous …

Arvind Kejriwal to stay in jail for now after Delhi HC reserves order on CM's bail plea
6 months, 2 weeks ago

Arvind Kejriwal to stay in jail for now after Delhi HC reserves order on CM's bail plea

India TV News  

In a major setback for Arvind Kejriwal, the Delhi High Court reserved its order on the Chief Minister's bail plea on Friday. According to Raju, this oversight alone warrants the revocation of the bail order The Additional Solicitor General also made serious allegations against Kejriwal, accusing him of involvement in two money laundering cases. Enforcement Directed has prayed before Delhi …

Delhi court to hear CM Arvind Kejriwal's bail plea on June 19 in excise policy case
6 months, 3 weeks ago

Delhi court to hear CM Arvind Kejriwal's bail plea on June 19 in excise policy case

Hindustan Times  

A Delhi court announced June 19 for the hearing of CM Arvind Kejriwal's bail plea in the money laundering case related to the alleged excise scam, reported PTI. The judge also directed the Tihar jail authorities to take care of Kejriwal's medical needs while in JC, The case was adjourned by Additional Sessions Judge Mukesh Kumar after the Excise Department …

Delhi CM Kejriwal seeks bail extension in Supreme Court
7 months, 1 week ago

Delhi CM Kejriwal seeks bail extension in Supreme Court

Hindustan Times  

Delhi chief minister Arvind Kejriwal has moved the Supreme Court seeking an extension of his 21-day interim bail by one week on medical grounds — he was expected to return to jail on June 2 — citing “alarming” health complications he endured during his recent incarceration in connection with the Delhi excise Policy case and the urgent need for medical …

Kejriwal News: SC reserves order on Delhi CM's plea against ED arrest
7 months, 3 weeks ago

Kejriwal News: SC reserves order on Delhi CM's plea against ED arrest

Hindustan Times  

Arvind Kejriwal News highlights: The Supreme Court continued hearing Delhi CM's appeal against a Delhi High Court ruling that rejected his plea regarding his arrest by the ED and subsequent arrest in the excise policy case. Arvind Kejriwal's Supreme Court hearing: Arvind Kejriwal case timeline • March 21: Kejriwal was arrested by ED in connection with a money laundering probe …

Voting for relief: On interim bails and elections
7 months, 4 weeks ago

Voting for relief: On interim bails and elections

The Hindu  

In granting interim bail to Delhi Chief Minister Arvind Kejriwal, the Supreme Court of India has reversed a development that upset the level playing field for the ongoing general election. But the arrest of a serving Chief Minister and a key figure in the Opposition, when the election process was already on, sent shock waves among regional parties. In Mr. …

Arvind Kejriwal arrest hearing LIVE updates | SC says it may consider interim bail for Kejriwal on account of polls, next hearing on May 7
8 months, 1 week ago

Arvind Kejriwal arrest hearing LIVE updates | SC says it may consider interim bail for Kejriwal on account of polls, next hearing on May 7

The Hindu  

In a significant development, the Supreme Court on May 3 said it is inclined to consider granting interim bail to Delhi Chief Minister Arvind Kejriwal on account of the ongoing Lok Sabha elections. A Bench of Justices Sanjiv Khanna and Dipankar Datta cautioned that “it may or may not grant interim bail” to the AAP supremo but is ready to …

Delhi excise policy case: Why no bail application in trial court, SC asks Arvind Kejriwal; hearing to continue tomorrow
8 months, 1 week ago

Delhi excise policy case: Why no bail application in trial court, SC asks Arvind Kejriwal; hearing to continue tomorrow

Live Mint  

The Supreme Court on Monday asked the counsel of Delhi Chief Minister Arvind Kejriwal why the bail application was not filed before the trial court, while hearing a petition challenging his arrest by the Enforcement Directorate in connection with the Delhi excise policy case. On March 21, Kejriwal was arrested by the ED in connection with a money laundering probe …

Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court
8 months, 2 weeks ago

Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court

Live Law  

The Supreme Court observed that factors of the likelihood of delay and incarceration for a particular period should not be a sole consideration while deciding the plea of the accused to suspend the sentence pending the appeal against the conviction under Section 389 of Cr.P.C.“On its perusal, we are of the opinion that factors like nature of the offence held …

Delhi high court rejects ‘fanciful’ bail plea for Kejriwal by law student
8 months, 2 weeks ago

Delhi high court rejects ‘fanciful’ bail plea for Kejriwal by law student

Hindustan Times  

The Delhi high court on Monday dismissed a plea seeking extraordinary interim bail for chief minister Arvind Kejriwal, and imposed a fine of ₹75,000 on the petitioner. On Monday, the high court was hearing the law student’s petition, in which he sought Kejriwal’s release against his personal bond, coupled with an undertaking on the latter’s behalf that he would not …

Delhi HC takes suo moto cognisance of delay in prisoner’s release on bail
10 months, 1 week ago

Delhi HC takes suo moto cognisance of delay in prisoner’s release on bail

Hindustan Times  

The Delhi high court has taken suo moto cognisance of a jail superintendent’s delay in accepting bail bond and releasing a prisoner granted bail, calling it unacceptable. The court took suo moto cognisance while considering the application about the delay. The court took suo moto cognisance while considering the application about the delay in the release of the prisoner despite …

Supreme Court(2:1 Majority) Suspends Conviction Of BSP MP Afsal Ansari; Dissenting Judge Says Impact On Electorate Can't Be Considered
1 year ago

Supreme Court(2:1 Majority) Suspends Conviction Of BSP MP Afsal Ansari; Dissenting Judge Says Impact On Electorate Can't Be Considered

Live Law  

The Supreme Court, by 2:1 majority, on Thursday suspended the conviction of BSP MP Afzal Ansari in a case under the UP Gangster Act case, paving the way for the restoration of his membership in the Lok Sabha. While Justices Surya Kant and Ujjal Bhuyan agreed to suspend Ansari's conviction, Justice Dipankar Datta wrote a separate judgment expressing dissent. Conversely, …

Trial Court Can't Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction, Sentence: Patna High Court
1 year, 2 months ago

Trial Court Can't Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction, Sentence: Patna High Court

Live Law  

The Patna High Court has ruled that after the District Appellate Court affirms the judgment of conviction and issues the sentence order, the trial court does not have the authority to grant bail to convicted individuals under Section 389 of CrPC. The petitioners had not surrendered after the conviction was affirmed by the District Appellate Court, and the revision application …

'Would Send Wrong Signals to Public': Kerala HC Declines to Suspend Conviction of NCP MP in Attempt-to-murder Case
1 year, 3 months ago

'Would Send Wrong Signals to Public': Kerala HC Declines to Suspend Conviction of NCP MP in Attempt-to-murder Case

News 18  

The Kerala High Court has rejected a plea by NCP MP Mohammed Faizal for suspension of his conviction in an attempt-to-murder case, stating that if persons with criminal antecedents are permitted to continue as Members of Parliament/Legislatures even after conviction, it would only send wrong signals to the public at large. The prayer of the 2nd petitioner for suspension of …

Proliferation Of Crime In Election Process Affects Democracy, Can't Let MPs To Continue In Office Despite Conviction: Kerala High Court
1 year, 3 months ago

Proliferation Of Crime In Election Process Affects Democracy, Can't Let MPs To Continue In Office Despite Conviction: Kerala High Court

Live Law  

Criminalisation of election process is of grave concern to democracy and if persons with criminal antecedents are permitted to continue as Members of Parliament / Legislatures even after conviction by a competent court, that would only send wrong signals to public at large, the Kerala High Court said today. Faizal's conviction was earlier suspended by the High Court however, the …

‘We Have Nothing To Hide’: Delhi High Court Refuses Gag Order In Criminal Contempt Case Against Litigant Seeking Death Penalty For Judge
1 year, 3 months ago

‘We Have Nothing To Hide’: Delhi High Court Refuses Gag Order In Criminal Contempt Case Against Litigant Seeking Death Penalty For Judge

Live Law  

The Delhi High Court on Monday refused to pass a gag order in the criminal contempt proceedings initiated by it against a litigant who demanded that death penalty be imposed on a sitting judge who dismissed his pleas.As the counsel representing the State requested that the hearings in the matter be held in-camera and orders be not made public, Justice …

Supreme Court to hear Rahul's Gandhi plea for stay on conviction tomorrow
1 year, 5 months ago

Supreme Court to hear Rahul's Gandhi plea for stay on conviction tomorrow

India Today  

The Supreme Court is scheduled to hear on Friday Congress leader Rahul Gandhi's appeal against the Gujarat High Court verdict dismissing his plea seeking a stay on his conviction in a defamation case over his "Modi surname" remark. Gandhi, as an interim relief, has sought an ad-interim ex-parte stay of the July 7 order of the Gujarat High court during …

Only Supreme Court Can Grant Furlough Under Delhi Prison Rules When Convict’s Appeal Is Pending There: Delhi High Court
1 year, 6 months ago

Only Supreme Court Can Grant Furlough Under Delhi Prison Rules When Convict’s Appeal Is Pending There: Delhi High Court

Live Law  

The Delhi High Court has ruled that where a convict’s appeal against the conviction is pending before the Supreme Court, a direction to grant furlough under Delhi Prison Rules has to be necessarily taken from the Apex Court. “Thus, where an appeal from an order of conviction passed by the High Court has been preferred by the convict before the …

No bar for convict to seek furlough when appeal pending in HC, SC: Delhi HC
1 year, 6 months ago

No bar for convict to seek furlough when appeal pending in HC, SC: Delhi HC

Hindustan Times  

The Delhi high court has ruled that there is no restriction for a convict to seek furlough from the jail authorities even if his or her appeal against conviction is pending. “The jurisprudence as enunciated by the apex court cannot be applied in relation to furlough, since it does not entail suspension of sentence and passing of any order of …

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court
1 year, 7 months ago

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court

Live Law  

The Kerala High Court recently held that a person who was granted interim bail after executing the bail bond cannot rely on the interim bail order to submit that the main bail application has become infructuous. The Court held that as a consequence of the main application being dismissed as not pressed, the interim order granting bail to the petitioner …

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court
1 year, 8 months ago

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

Live Law  

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also …

Indian court dismisses opposition leader Rahul Gandhi’s plea
1 year, 8 months ago

Indian court dismisses opposition leader Rahul Gandhi’s plea

Associated Press  

NEW DELHI — An Indian court on Thursday dismissed opposition leader Rahul Gandhi’s plea to stay his conviction in a criminal defamation case that resulted in his expulsion from Parliament. Gandhi, a fierce critic of Prime Minister Narendra Modi and his main challenger in 2024 polls, was ousted after a court last month sentenced him to two years in prison …

Rahul Gandhi’s Lok Sabha Disqualification: Legal Position On Suspension Of Conviction | Explainer
1 year, 8 months ago

Rahul Gandhi’s Lok Sabha Disqualification: Legal Position On Suspension Of Conviction | Explainer

Live Law  

Congress leader Rahul Gandhi was recently disqualified from his position as a Member of Parliament after his conviction in a defamation case. Courts On Suspension Of Conviction The case of Rama Narang v. Ramesh Narang & Ors addressed whether Section 389 of the CrPC allows the Appellate Court to stay the operation of a conviction. The Apex Court said that …

Delhi High Court to Hear Sharjeel Imam's Plea for Bail in Sedition Case on Monday
1 year, 9 months ago

Delhi High Court to Hear Sharjeel Imam's Plea for Bail in Sedition Case on Monday

News 18  

The Delhi High Court will on Monday hear a plea by JNU student Sharjeel Imam seeking bail in connection with a 2020 riots case involving allegations of sedition. The case, which assails a January 24, 2022 order by the trial court dismissing Imam’s bail application in the matter, is listed for hearing before a bench of Justices Siddharth Mridul and …

Defamation case | Surat court grants bail to Rahul Gandhi; sentence suspended till disposal of appeal
1 year, 9 months ago

Defamation case | Surat court grants bail to Rahul Gandhi; sentence suspended till disposal of appeal

The Hindu  

A sessions court in Surat on Monday granted bail to former Congress president Rahul Gandhi after admitting his appeal challenging the conviction and sentencing in a defamation case filed by a BJP legislator over his 2019 remark about the Modi surname. The court also suspended the sentence till the disposal of the appeal filed by Mr. Gandhi. Mogera also issued …

Delhi HC suspends man's rape sentence. Because girl misrepresented her age
1 year, 9 months ago

Delhi HC suspends man's rape sentence. Because girl misrepresented her age

Hindustan Times  

The Delhi High Court has suspended the sentence of a man, who was convicted for raping a minor, noting that the girl had voluntarily gone with him by misrepresenting herself to be a major. Justice Jasmeet Singh noted in an order on Friday that the girl was 17 years and four months old when she eloped with the man. Justice …

Supreme Court To Hear Lakshadweep UT's Challenge To HC Order Suspending Conviction Of MP's Conviction On Feb 13
1 year, 11 months ago

Supreme Court To Hear Lakshadweep UT's Challenge To HC Order Suspending Conviction Of MP's Conviction On Feb 13

Live Law  

The Supreme Court on Monday adjourned the Special Leave Petition filed by the Union Territory of Lakshadweep challenging the order of the Kerala High Court which suspended the conviction and sentence of Member of Parliament Mohammed Faizal in an attempt to murder case, for hearing on 13 February. Solicitor General Senior Tushar Mehta appearing for the Union Territory submitted before …

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