...357(2) of Cr. P.C, the Appellate Court was not right in asking them to deposit 20% of the total fine amount, and relied on a decision of the High Court of Andhra Pradesh in the c...reliance on the decision referred to above, vehemently contended that Section 357(2) requires to be read with Section 389 of Cr. P.C, since a sum of Rs. 16 lakhs has been ordered....8. What Section 357(2) of Cr. P.C says is as under:“If the fine is imposed in a case which is subject to appeal, no such payment shall be made...

...be paid to the complainant-respondent herein during the pendency of the appeal, as the same is prohibited u/s 357 (2) of cr. P. C. Under the said provision i e , section 357 (2) ...% of the cheque amount, as the order of the trial Court does not fall u/s. 357 (3) of cr. P. C.(4) IN support of her first contention, learned Senior Advocate has drawn the court's...exceeding one year and an amount of fine exceeding five thousand rupees. "(Underline by me)(6) THUS it is clear from a combined reading of Section 29 (2) of Cr. P. C. and Section 143...

...provisions of Section 357(2) of the Cr. P.C which clearly bars the payment of fine in case an appeal is filed against the judgment and order by which fine is imposed bef...Section 357(2) of the Code of Criminal Procedure, which reads as under—357(2) If the fine is imposed in a case which is subject to appeal, no such payment...his executing a personal bond in the sum of Rs. 25,000/- and two sureties each in the like amount in this Court.”2. The applicant was convicted under Section 138 of...

...complainant-respondent herein during the pendency of the appeal, as the same is prohibited under Section 357(2) of the Cr. P.C Under the said provision i.e, Section 357(...requiring the appellant-petitioner herein to deposit 25% of the cheque amount, as the order of the Trial Court does not fall under Section 357(3) of the Cr. P.C4. In support of her...Section 29(2) of Cr. P.C is obviated. Similar provisions are also incorporated in Section 12 of the Essential Commodities Act, 1955, Section 36 of the Drugs an...

...the petitioner that under Section 357 of the Cr. P.C when an appeal or revision is admitted, the Trial Court is barred from executing the order of sentence passed by it. Therefore, issuance of NBW and FLW ...provisions of Section 357(2) of the Cr. P.C is not at all applicable in view of the decision rendered by the Supreme Court referred to above. He has relied on a decision..., it is submitted that the provisions of Section 357 of the Cr. P.C is not at all applicable. There is no infringement of any fundamental right of a citizen by curtailing the freedom of l...

...IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No. 357 of 2016 --------- 1. Arun Jupally 2. Varun Jupally ... Petitioners Versus... 1. The State of Jharkhand 2. Hemant Kumar Singh ... Respondents --------- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY...to the opposite party No. 2 as to why this application shall not be admitted and/or disposed of at the admission stage itself, for which, requisite etc. under registered cover with A/D as well as...

... IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 357 of 2008 1. Sonaram Sundi 2. Rajesh Sundi … … … … … Appellant Versus The State of...remained in custody for more than seven years; co-convict appellant no. 2 has been granted bail; the cause of death of the deceased was cut injuries, but the doctor P.W.-9...Respondent: Mr. Shekhar Sinha, A.P.P. ------ I.A. No. 4679 of 2013 6/31.01.2014 In this I.A., appellant no. 1 namely Sonaram Sundi has prayed for his release on bail during...

...challenge in the present petition. 2. Learned counsel for the petitioner submits that Section 357(2) Cr. P.C., 1973 bars recovery of fine during the...recovery of compensation is for the same purpose, the bar of Section 357 (2) Cr. P.C., 1973 would be squarely attracted. It is further submitted that filing of an appea...whether Section 357 (2) Cr. P.C., 1973 bars the recovery of compensation during the pendency of an appeal is to be examined with reference to the fact that the compensation...

...above said petitioners on the same day of their surrender in Cr.357 of 2022 on the file of the above respondent police. 2. In view of the specific bar under Section 1...connection with Crime No.357 of 2022 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15-A of the SC...order copy on 04.04.2022 mpl/sai 1.The Deputy Superintendent of Police Neyveli Township D.S.P. Office Cuddalore District. 2.The Inspector of Police, Neyveli Township P.S. Cuddalore District 3.The Public...

...Procedure is not sustainable. I find merit in the submission because sub-clauses (1) and (2) of Section 357 Cr. PC operate only when a sentence is imposed and in the case...to pay Rs. 2,000/- as compensation to the complainant under Section 357(3) of the Code of Criminal Procedure. Feeling aggrieved, they went in appeal before the Sessions...conviction is based upon cogent evidence. Learned counsel for the revision petitioners further submitted that the order to pay compensation under Section 357(3) of the Code of Criminal...

...appellant (the proprietor of the first appellant) was sentenced to 2 years' rigorous imprisonment; also, under Section 357(3), Cr. PC. they were directed to pay compensation of Rs.74,00,000/- (double the...Section 482, Cr. PC. 7. The said petition was considered by the High Court on 01st May, 2023, i.e., at a point of time when the decision of this Court in.... Therefore, when Appellate Court considers the prayer under Section 389 of the Cr. P.C. of an accused who has been convicted for offence under Section 138 of the N.I. Act, it is always open for the Appellate...

...is held that in a case under section 138 of the Negotiable Instruments Act, sub-section (2) of section 357 of Cr. P.C would be attracted even when the appellant was dire...the absence of the appellant as no steps were taken in spite of the earlier direction.2. The petitioner faced trial in the Court of learned J.M.F.C, Anandapur in I.C.C Case No. 60 of 2010...S.K Sahoo, J.:— The petitioner has challenged the order dated 19.04.2016 passed by the learned Sessions Judge, Keonjhar in Criminal Appeal No. 52 of 2012 in rejecting the appeal memo in...

...for one year and and also to pay compensation of Rs. 3,63,000/- to the opposite party No. 2 in terms of Section 357 of the Cr. P.C. The said order of conviction...IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. Rev. No. 1077 of 2016 Vikash Agrawal @ Vikash Agarwal ... ... ... Petitioner Versus 1.The State of Jharkhand 2. Vedica Credit..., Advocate I.A. No. 5419 of 2016 3/29.08.2016 Heard Mr. Suraj Singh, learned counsel for the petitioner and Mr. Bibhash Sinha, learned counsel appearing for the opposite party No. 2...

... 1 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- Cr. Appeal (DB) No. 357 of 2017... ---- 1. Mahesh Marandi 2. Kishun Marandi 3. Jivan Marandi ….. Appellants -- Versus -- The State of Jharkhand...G.R. Case No.2923 of 2011 with condition that he will appear and mark his attendance once in every three months before 2 the...

...upon the decision of this Court in P. Rangappa v. State of Mysore, (Cr. R.P 357 of 70 decided on 5-2-1971). In the said case Santhosh, J. has observed as follows:“...month.2. The accused challenged the legality and correctness of his conviction and sentence before the Sessions Judge of South Kanara at Mangalore in Criminal Appeal No. 82 of 1970. The...contradictions elicited by the defence in the cross-examination of P.Ws 2 to 4, I find that they are not material and they are not such as to discredit their whole testimony. Hence, the accused has not...

...is an application under Section 389(1) read with Section 357(2) of the Code of Criminal Procedure (for short ‘the Cr. P.C’) filed along with the above appeal with a prayer...invoking the powers of this Court under Section 389(1) read with Section 357(2) of the Cr. P.C10. Brief facts of the prosecution case are as follows. PW2 was a student of S.../- out of the fine, if paid or recovered, shall be given to PW2 as compensation as provided by Section 357(1)(b) of the Cr. P.C9. Thus, it can be seen that the maximum sentence of...

...relating to the order, dated 08.08.2016, passed by the learned Assistant Sessions Judge, Ambasamudram, in Cr. M.P No. 58 of 2016, in S.C No. 357 of 2014 and set aside the same.2. The first r...Prayer:- Criminal Revision Petition is filed to call for the records relating to the order passed by learned Assistant Sessions Judge, Ambasamudram in Cr. M.P No. 58 of 2016 in S.C No. 357...in Cr. M.P No. 58 of 2016 to get an order to proceed against the proposed accused, namely Nagarajan/the...

...the Appellate Court did not pass any order in respect of payment of fine. In such circumstances, in view of the provisions of section 357(2) Cr. P.C, it was not...applicant on 7.10.20056. In view of section 357(2) of the Code of Criminal Procedure, if the fine is imposed in a case which is subject to appeal, no such payment...Ravindra Singh, J.:— Heard the learned Counsel for the applicant and the learned A.G.A2. This application has been filed with a prayer that criminal appeal No. 43 of 2005...

...) of Section 389 and sub-sections (1) and (2) of Section 357 of Cr. P.C, it was impermissible for the Appellate Court to have imposed condition of deposit of a portion ...Sreedhar Rao, J.:—Both the petitions are considered together as they involve similar question of law and facts.2. The petitioner is common in both the cases.... Aggrieved by the said direction, the present petitions are filed.3. It is the contention of the petitioner that in view of the provision of sub-sections (1) and (2...

...R.I., but has affirmed the order of grant of compensation under Section 357(3) of Cr. P.C.2. As per the prosecution story, applicant/accused had taken loan form respon...Dinesh Kumar Paliwal, J.:— This revision petition under Section 397/401 of Cr. P.C. has been filed challenging the appeal judgment dated 14.06.2022 (Annexure-A/2) passed by..., Jabalpur is modified and instead thereof, the applicant is convicted to till rising of the Court. The amount of compensation as directed by the trial Court has to be paid by applicant under Section 357...