Supreme Court · 2011 INSC 72 · Decided 25 January 2011
Kanaka Rekha Naik v. Manoj Kumar Pradhan & ANR.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 72 · [2011] 1 S.C.R. 842
- Case number
- CRIMINAL APPEAL No. 225/2011
- Decided
- 25 January 2011
- Bench
- B. SUDERSHAN REDDY, S.S. NIJJAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 147, 326, 149; CrPC Section 389, 482
Headnote
c Code of Criminal Procedure, 1973: s.389 - Suspension of sentence pending appeal - Respondent, a sitting ML.A. convicted ulss. 147, 326 r.w. s. 149 JPC and sentenced to seven years rigorous imprisonment D - Appeal filed by respondent alongwith another convict befo_re High Court - High him on the ground y , that he was a sitting M.L.A. - Held: High Court ought to have considered serious nature of allegations, the findings recorded by trial court and alleged involvement of respondent in more E than one case for deciding as to whether it was a fit case for suspending the sentence
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