Back
2019 Supreme(SC) 1661
SUPREME COURT OF INDIA
Uday Umesh Lalit, Ashok Bhushan, JJ.
Hardeep Singh & Ors. - Appellants
Versus
State Of Punjab - Respondent
Criminal Appeal No. 115 of 2019; Special Leave Petition (Criminal) No. 9120 of 2018
Decided On : 18-01-2019
Vineet Bhagat, Adv.
Grant of bail under Section 389 Cr.P.C. during the pendency of appeal
Headnote:
Section 389 Cr.P.C. - Bail - Appellants convicted under Section 307 IPC and Arms Act - Grant of bail during pendency of appeal
Fact of the Case:
The appellants were convicted under Section 307 IPC and Arms Act and sentenced to imprisonment. Their appeal challenging the conviction and sentence was pending in the High Court. Their application for suspension of sentence was rejected, leading to the filing of this appeal.
Finding of the Court:
The Court granted the benefit of bail under Section 389 Cr.P.C. to the appellants, directing the trial court to release appellant Hardeep Singh on bail and continue the relief granted to all the appellants during the pendency of the appeal before the High Court.
Issues: Conviction under Section 307 IPC and Arms Act, application for suspension of sentence, grant of bail under Section 389 Cr.P.C.
Ratio Decidendi: The Court applied Section 389 Cr.P.C. to grant bail to the appellants during the pendency of their appeal, considering the circumstances and the completion of two months of actual custody by one of the appellants.
Final Decision: The appeal was disposed of with the direction to release appellant Hardeep Singh on bail and continue the relief granted to all the appellants during the pendency of the appeal before the High Court.
ORDER
1. Leave granted.
2. The appellant Hardeep Singh was convicted under Section 307 IPC and Section 27 of the Arms Act and was sentenced to three years imprisonment on both the counts while appellants Harjinder Singh and Jaswinder Singh were convicted under Section 307 read with 34 IPC and were sentenced for three years. All the appellants were also convicted under Section 506 IPC and sentenced to one year imprisonment. Their appeal challenging the conviction and sentence namely CRA-S-4013-SB-2018 (O & M) is pending in the High Court of Punjab & Haryana. Their application for suspension of sentence having been rejected, this appeal has been filed by them.
3. While issuing notice on 25.10.2018, this Court granted the benefit under Section 389 CrPC to Harjinder Singh and Jaswinder Singh. Since the appellant Hardeep Singh had not surrendered, the matter was directed to be listed after said appellant had surrendered. The appellant accordingly surrendered on 30.10.2018. He has completed more than two months of actual custody.
4. As per Office Report, copy of notice was issued to the learned Standing counsel for the State.
5. We find that the appellant Hardeep Singh is entitled to similar relief under Section 389 Cr.P.C., as was granted to other appellants. We, therefore, direct the trial court to pass appropriate orders and release appellant Hardeep Singh on bail on such conditions as the trial court may deem appropriate.
6. The relief granted to all the appellants shall continue to operate during the pendency of the appeal before the High Court.
7. The Appeal is disposed of in the aforesaid terms.
8. Pending applications, if any, also stand disposed of.
