Back
SUPREME COURT OF INDIA
M.R. SHAH, J.B. PARDIWALA, JJ.
Omprakash Sahni – Appellant
Versus
Jai Shankar Chaudhary & Anr. Etc. – Respondents
Criminal Appeal Nos. 1331-1332 of 2023
Decided on : 02-05-2023
(A) Criminal Procedure Code, 1973 – Section 389 – Suspension of sentence and release on bail – Suspension conveys postponement or temporarily preventing a state of affairs from continuing – Purpose of postponement of sentence cannot be achieved by detaining convict in jail – As a natural consequence of postponement of execution, convict may be enlarged on bail till further orders – Accused is presumed to be innocent till he is held guilty by a court of competent jurisdiction – Once accused is held guilty, presumption of innocence gets erased – In same manner, if accused is acquitted, then presumption of innocence gets further fortified – There happens to be a fine distinction between prayer for bail at pre-conviction as well as post-conviction stage, viz Sections 437, 438, 439 and 389(1) of Cr.P.C. (Paras 21, 22, 23 and 24)
(B) Criminal Procedure Code, 1973 – Section 389 – Suspension of sentence and release on bail – High Court suspended substantive order of sentence of life imprisonment imposed by Trial Court on respondents for offences punishable under Sections 302, 120-B, 506 respectively read with Section 34 of Indian Penal Code, 1860 and Section 27 of Arms Act, 1959 – In cases involving conviction under Section 302 of IPC, it is only in exceptional cases that benefit of suspension of sentence can be granted – Endeavour on part of Court, should be to see as to whether case presented by prosecution and accepted by Trial Court can be said to be a case in which, ultimately convict stands for fair chances of acquittal – Appellate Court should not reappreciate evidence at stage of Section 389 of Cr.P.C. and try to pick up few lacunae or loopholes here or there in case of prosecution – Such would not be a correct approach – In case on hand, what High Court has done is something impermissible – High Court has gone into issues like political rivalry, delay in lodging FIR, some over-writings in First Information Report etc. – All these aspects will have to be looked into at the time of final hearing of appeals filed by convicts – Impugned order passed by High Court set aside. (Paras 31, 33, 34 and 39)
Facts of the case:
Present appeals are at instance of original first informant (brother of deceased) and are directed against a common order passed by High Court of Judicature at Patna in Criminal Appeal (DB) No. 322 of 2021 and Criminal Appeal (DB) No. 411 of 2021 respectively by which, High Court suspended substantive order of sentence of life imprisonment imposed by the Trial Court on respondent Nos. 1, 3 and 4 respectively herein (convicts) and ordered their release on bail pending the final disposal of the two criminal appeals.
Findings of Court:
High Court committed a serious error in suspending the substantive order of sentence of the convicts and their release on bail pending the final disposal of their criminal appeals.
Result : Appeals allowed.
JUDGMENT :
J.B. PARDIWALA, J.
1. These appeals are at the instance of the original first informant (brother of the deceased) and are directed against a common order passed by the High Court of Judicature at Patna in Criminal Appeal (DB) No. 322 of 2021 and Criminal Appeal (DB) No. 411 of 2021 respectively by which, the High Court suspended the substantive order of sentence of life imprisonment imposed by the Trial Court on the respondent Nos. 1, 3 and 4 respectively herein (convicts) and ordered their release on bail pending the final disposal of the two criminal appeals referred to above.
FACTUAL MATRIX
2. It appears from the materials on record that the respondents Nos. 1, 3 and 4 respectively herein along with six other co-accused were put to trial in the Court of Additional Sessions Judge-VII, Vaishali, Hajipur, District: Vaishali at Hajipur (Bihar) in Sessions Trial No. 280/2019 for the offences punishable under Sections 302, 120-B, 506 respectively read with Section 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’) and Section 27 of the Arms Act, 1959 (for short, ‘the 1959 Act’)
3. The three respondents herein, namely, Jai Shankar Chaudhary, Abhay Kumar and Ram Babu respectively were held guilty by the Trial Court, of the offence of murder of the brother of the appellant herein, namely, Manish Kumar. The other co-accused were ordered to be acquitted.
4. The respondents Nos. 1, 3 and 4 respectively herein went in appeal before the High Court of Judicature at Patna, challenging the order of conviction and sentence passed by the Trial Court.
5. The case of the prosecution narrated by the Trial Court in its judgment dated 12.03.2021 is as under:
“The F.I.R in the instant case had been registered on 14.08.2018, on the basis of written application of informant Om Prakash Sahni, alleging therein that the informant Om Prakash Sahni on 13-08-2018 at about 01:00 P.M. alongwith his younger brother Manish Kumar, the Block Pramukh, Jandaha reached the Office of Block Pramukh, situated at block Jandaha by their alto car. Informant's brother went in his chamber. The driver of the B.D.O. came in his car and told the Pramukh that B.D.O. has called him and on such information the Block Pramukh Manish Kumar went to the residence of B.D.O. in the B.D.O's car. After sometime the Pramukh came back in the same vehicle and as he was heading towards his chamber at about 03:00 P.M., the accused Jai Shankar Chaudhary and Abhay Kumar came and opened fire on informant's brother, the Block Pramukh upon the exhortation by accused Ram Babu Sahni to kill him. The informant's brother fell on the ground and both the accused waving their pistols, fled away on a motorcycle towards Mahua road. The other two accused Ram Babu Sahni and Binod Chaudhary also fled away from the place of occurrence on one another motorcycle, towards the same direction. The F.I.R. further states that the informant and the Pramukh's driver namely Anil Kumar alongwith certain others were present at the time of occurrence. They took him to the clinic of doctor Bindu Jha and on his reference, they took the injured to the Ganpati Hospital, Hajipur, where he was declared dead. Thereafter they took the deceased to Hajipur Sadar Hospital, where the postmortem examination was carried out and the police also reached there and carried out further proceeding. The F.I.R. also states that the election of block pramukh was held on 02-08-2018 and the Pramukh won the election. The informant in the F.I.R. also states that Umesh Singh Kushwaha, M.L.A., Mahnar, Binod Chaudhary s/o Ram Lakhan Chaudhary, Ajeet Kumar s/o Ram Babu Sahni Village Dulaur P.S. Jandaha, Kundan Sahni (Prakhand Shikshak) s/o Ram Nandan Sahni Vill Narharpur, Randhir Kumar S/o Late Masudan Prasad Singh Vill Narharpur, Ranjeet Kumar S/o Ram Briksh Singh Viii Narharpur, all from P.S. Jandaha and Ajay Thakur (Teacher) Sankul Sad
Suspension of sentence and release on bail – Parameters governing suspension of sentence post-conviction are qualitatively distinct from those applicable at stage of pre-trial bail – Such relief can ....
Suspending a sentence for a serious offence like murder requires a rare demonstration of exceptional circumstances, without re-evaluating evidence during bail applications.
A court should generally suspend a fixed-term sentence pending appeal unless exceptional circumstances indicate otherwise.
The court held that the discretion to suspend a sentence post-conviction must be exercised judiciously, considering the nature of the offence and the likelihood of appeal success.
Suspension of sentence and release on bail – Benefit of suspension of sentence can be granted only in exceptional cases more particularly so in cases involving conviction under Section 302, IPC.
The court reaffirmed that the discretionary power to suspend a sentence under Section 389 of the Cr.P.C. requires a prima facie case and consideration of the gravity of the offense.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
