1999 JTR(SC) 647
1999 2 AICLR 456 ; 1999 AIR(SC) 1859 ; 1999 AIR(SCW) 1462 ; 1999 1 ALD(Cri)(SC) 908 ; 1999 39 AllCriC 302 ; 1999 AllMR(Cri)(SC) 985 ; 1999 CriLR 345 ; 1999 3 Crimes(SC) 54 ; 1999 CrLJ 2568 ; 1999 2 CTC 577 ; 1999 2 EastCrC(SC) 78 ; 1999 2 JCC 325 ; 1999 4 JT 1 ; 1999 2 KLJ 498 ; 1999 2 KLT(SN) 72 ; 1999 1 MWN(Cri) 339 ; 1999 2 RCR(Cri) 770 ; 1999 3 Scale 539 ; 1999 4 SCC 421 ; 1999 SCC(Cri) 553 ; 1999 3 SCR 545 ; 1999 KHC 261 ; 1999 5 Supreme 356
1999(5) Supreme 356
Supreme Court of India
(From Gujarat High Court)
K.T. Thomas & M.B. Shah, JJ.
Bhagwan Rama Shinde Gosai & Ors. -Appellants
versus
State of Gujarat -Respondent
Criminal Appeal No. 554 of 1999
(Arising out of S.L.P. (Crl.) No. 759 of 1999)
Decided on 12-5-1999
Counsel for the Parties :
For the Appellants : Aseem Mehrotra and Yash Pal Dhingra, Advocates.
For the Respondent : Mrs. Farah Sultana, Ms. Hemantika Wahi Advocate.
Important Point
When the appellate court finds that due to practical reasons appeals cannot be disposed of expeditiously the appellate court must bestow special concern in the matter of suspending the sentence.
Act
Referred
:CRIMINAL PROCEDURE CODE : S.379
INDIAN PENAL CODE : S.397, S.392
(A) The offences punishable under Section 392 of the Indian Penal Code, read with the provisions of Section 397, form the substantive basis of the conviction. The procedural framework governing the appeal and suspension of sentence is governed by Section 379 of the Criminal Procedure Code. The interplay of these sections is central to this case, as the statutory right to appeal against a fixed-term conviction triggers the appellate courts obligation to consider suspension of sentence liberally, barring exceptional circumstances or statutory restrictions, particularly when expeditious disposal is delayed.
(B) Key legal principles include that suspension of sentence is permissible on stringent conditions during the pendency of an appeal, appellate courts must ensure meaningful access to justice by avoiding unnecessary delays, and when expeditious disposal is not feasible, special concern must be given to suspending sentences to preserve the efficacy of the right of appeal. Bail conditions may be similarly stringent.
Facts of the case:
The appellants were convicted under Sections 392 and 397 read with Section 397 of the Indian Penal Code and sentenced to rigorous imprisonment for 10 years. They filed an appeal before the High Court of Gujarat, seeking suspension of sentence, which was denied, and subsequent requests for suspension and expeditious hearing were also dismissed by the High Court due to a backlog of older appeals.
Findings of Court:
The High Court was not inclined to hear the appeal expeditiously. The appellate court must bestow special concern regarding suspension of sentence where appeals cannot be disposed of promptly, to ensure the right of appeal is not rendered futile by the passage of time.
Issues:
Whether the sentence of fixed-term imprisonment can be suspended during the appeal when the appellate court delays hearing the appeal, and what conditions may be imposed for such suspension.
Ratio Decidendi:
When an appeal against a fixed-term sentence is filed, the appellate court should liberally consider suspension of sentence unless exceptional circumstances exist. If the court fails to dispose of the appeal expeditiously, it must grant suspension subject to stringent conditions to uphold the right of appeal, analogous to conditions for bail.
Result:
The sentence is suspended, and the appellants are released on bail with conditions, including executing a bond and reporting to the police station on specified days until the appeal is disposed of.
(A) The offences punishable under Section 392 of the Indian Penal Code, read with the provisions of Section 397, form the substantive basis of the conviction. The procedural framework governing the appeal and suspension of sentence is governed by Section 379 of the Criminal Procedure Code. The interplay of these sections is central to this case, as the statutory right to appeal against a fixed-term conviction triggers the appellate courts obligation to consider suspension of sentence liberally, barring exceptional circumstances or statutory restrictions, particularly when expeditious disposal is delayed.
(B) Key legal principles include that suspension of sentence is permissible on stringent conditions during the pendency of an appeal, appellate courts must ensure meaningful access to justice by avoiding unnecessary delays, and when expeditious disposal is not feasible, special concern must be given to suspending sentences to preserve the efficacy of the right of appeal. Bail conditions may be similarly stringent.
Facts of the case:
The appellants were convicted under Sections 392 and 397 read with Section 397 of the Indian Penal Code and sentenced to rigorous imprisonment for 10 years. They filed an appeal before the High Court of Gujarat, seeking suspension of sentence, which was denied, and subsequent requests for suspension and expeditious hearing were also dismissed by the High Court due to a backlog of older appeals.
Findings of Court:
The High Court was not inclined to hear the appeal expeditiously. The appellate court must bestow special concern regarding suspension of sentence where appeals cannot be disposed of promptly, to ensure the right of appeal is not rendered futile by the passage of time.
Issues:
Whether the sentence of fixed-term imprisonment can be suspended during the appeal when the appellate court delays hearing the appeal, and what conditions may be imposed for such suspension.
Ratio Decidendi:
When an appeal against a fixed-term sentence is filed, the appellate court should liberally consider suspension of sentence unless exceptional circumstances exist. If the court fails to dispose of the appeal expeditiously, it must grant suspension subject to stringent conditions to uphold the right of appeal, analogous to conditions for bail.
Result:
The sentence is suspended, and the appellants are released on bail with conditions, including executing a bond and reporting to the police station on specified days until the appeal is disposed of.
Order
Leave granted.
This is a case where appellants have been convicted by the trial Court of the offence under Section 392 read with Section 397 and each of them was sentenced to rigoourous imprisonment for 10 years. They filed an appeal before the High Court of Gujarat and moved for suspension of sentence, but that was not allowed. At a later stage they again moved for suspension of sentence and that too was dismissed by the impugned order. Unfortuantely, when they made a motion for having their appeal expedient that also was declined by the High Court on the prmise that the High Court is having older appeals on the board.
2. When a convicted person is sentenced to fixed period of sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances. Of course if there is any statutory restriction against suspension of sentence it is a different matter. Similarly, when the sentence is life imprisonment the consideration for suspension of sentence could be of a different approach. But if for any reason the sentence of limited duration cannot be suspended every endeavour should be made to dispose of the appeal on merits more so when motion for expeditious hearing the appeal is made in such cases. Otherwise the very valuable right of appeal would be an exercise in futility by efflux of time. When the appellate court finds that due to practical reasons such appeals cannot be disposed of expeditiously the appellate court must bestow special concern in the matter of suspending the sentence. So as to make the appeal right meaningful and effective. Of course appellate courts can impose similar conditions when bail is granted.
3. In this case as the High Court was not inclined to hear the appeal expeditiously we are of the view that the sentence passed on appellants can be suspended on some stringent conditions. We, therefore, suspend the sentence and direct the appellants to be released to bail on each of them executing a bond to the satisfaction of Additional Sessions Judge, Nadiad, We direct the appellants to report to Kapadwang Police Station on all Mondays and Thursdays between 4.00 P.M. and 6.P.M. until disposal of the appeal pending before the High Court.
This appeal is disposed of in the above terms.
(S.P.M.) Appeal disposed of.
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