Supreme Court · 2008 INSC 1226 · Decided 24 October 2008
Gajraj Yadav v. Rajendra Singh @ Deena & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1226 · [2008] 15 S.C.R. 88
- Case number
- CRIMINAL APPEAL No. 1695/2008
- Decided
- 24 October 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 109; CrPC Section 389
Headnote
Code of Criminal Procedure, 1973; S. 389: c Suspension of sentence, pending appeal - Power of appellate Court - Held: It is necessary for the appellate Court to consider as to whether reasons existed justifying suspension of sentence - In the instant case, High Court did not keep in view of law while ordering D suspension and granting bail to accusec/ - Hence, impugned ~' ( ,, . ~ order unsustainable ·and set aside - Penal Code, '1860 - S. 148, S. 325 rlw. s.149, S. 324 rlw s.149, S.323 rlw s.149, S.427, S.455 r/w s.149 and S.302 rlw. s.149- Sentence. E Respondents,
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