In the case of Lala Jairam Das vs. Emperor (MANU/PR/0005/1945 : AIR 1945 PC 94), Privy Council had the occasion to sum up the sources of power, as it existed in those days, as regards granting of bail to a convict. This sub-section confers power not only to suspend the execution of sentence and to grant bail but also to suspend the operation of the order appealed against which means the order of conviction. Broadly speaking, Section 389 Cr.P.C., which relates to suspension of sentence, covers suspension of sentence by the Trial Court, which may have convicted an accused and passed sentence against him, as well as the Appellate Court to which the appeal has been preferred. it is inherent that the order may be recalled at any lime provided that there may be reasons for doing so and in a judicial manner. : He was nominated, of course, to be on the appellate court here in the District of Columbia, the federal court of appeals. 9. 20. Such a situation could not have been in the contemplation of the Legislature and, therefore, the omission to make an express provision, in that behalf, is manifestly due to oversight or inadvertence. If further extension is prayed for, then, such extension can be allowed only if further emergent circumstances are shown to exist and not otherwise. No doubt the Supreme Court has the power to interfere in a case involving a question of fact, for instance, if there has been a gross miscarriage of justice or a departure from legal procedure such as vitiates the whole trial, the Supreme Court will intervene; and it will also intervene if even the findings of fact are such as are shocking to its judicial conscience and grant in such cases special leave to appeal under article 136(1). Consequently, this Court concluded, in Anurag Baitha (supra), that there is, thus, no option but to hold that the issue of delay, occasioned by the High Court's own inability to hear the substantive appeals expeditiously, enters directly and materially for consideration in the grant of bail to the convicts and this factor is independent or de hors the individual merits, of each case. It was further argued that after trial and conviction, there was no right to bail at all, whatever be the delay and even if the delay be to the extent of undergoing the whole of the sentence imposed. 24. 41. There may be a circumstance, when the prayer for suspension of sentence during pendency of appeal, has either not been preferred or, if preferred, has been rejected on merits and the appellant remains in custody suffering imprisonment. There is distinction between bail and suspension of sentence. The High Court has no jurisdiction to grant a certificate under article 134(1)(c) in a case where admittedly in its opinion the question involved is one of fact, in spite of a full and fair trial not having been vouchsafed to the accused. Similarly, in the case of Sakiri Vasu vs. State of UP, reported in MANU/SC/8179/2007 : (2008)2 SCC 409, the Supreme Court, having placed reliance on the case of Savitri (supra), held that although Section 156(3) is very briefly worded, there is an implied power vested in the Magistrate, under Section 156(3) Cr.P.C., to order registration of a criminal offence and/or to direct the Officer-in-Charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same.
Lake Hickory Boat Access, Korean Bbq Chicken, Chicken Alfredo Lasagna Roll Ups With Spinach, "public Relations In Sports" Articles, Convertir Chevaux Fiscaux En Din, Importance Of Course Book, Illuminae Files Book 2, Bed Head Volume, Preventive Maintenance Plan, I Didn't Receive My Child Tax Benefit, How Much Water Does A Coconut Tree Need, Fina Estampa Menu, Ark Switch Update 2020, Patchouli Oil Perfume Uk, Lua Tutorial Pdf, Mad Max Side Missions, Do Sere Specialists See Combat, Under The Rose Kathryn Nolan, 35x45 Cm To Inches, Next Digital Limited, 2 Corinthians 1:4 Esv, Low Carb Griddle Recipes, No Upfront Cost Internet Servicefrederick Iv Holy Roman Emperor, Anthony Bourdain Wife, Keto Pancakes 3 Ingredients, Black Lentil Soup With Coconut Milk, Speed Of Sound In Steel And Aluminium, Hexanal Condensed Structural Formula, Buy Kmart Gift Card With Paypal, Copper Moon Coffee,