C. T. RAVIKUMAR, RAJESH BINDAL
Shivani Tyagi – Appellant
Versus
State of U. P. – Respondent
ORDER :
(C.T. RAVIKUMAR,J.)
Leave granted.
1. In these quintuplet appeals the victim of an acid attack assails the suspension of sentence of life imprisonment of the convicted persons, the private respondents and their consequential enlargement on bail.
2. Heard learned counsel appearing for the selfsame appellant-victim in the captioned appeal, learned counsel appearing for the common first respondent-State of Uttar Pradesh and learned counsel appearing for the private respondents.
3. Section 389 of the Code of Criminal Procedure (for short the “Cr.PC”) deals with the suspension of execution of sentence pending the appeal against conviction and release of appellant(s) on bail. The said provision mandates for recording of reasons in writing leading to the conclusion that the convicts are entitled to get suspension of sentence and consequential release on bail. The said requirement thus indicates the legislative intention that the appellate Court invoking the power under Section 389, Cr. PC, should assess the matter objectively and that such assessment should reflect in the order.
4. We will briefly refer to some of the relevant decisions dealing with Section 389, Cr. PC. In the case of
Puran v. Rambilas (2001) 6 SCC 338 [Para 5]
Bhagwan Rama Shinde Gosai & Ors. v. State of Gujarat
Anwari Begum v. Sher Mohammad & Anr.
Ram Govind Upadhyay v. Sudarshan Singh (2002) 3 SCC 598 [Para 5]
Kalyan Chandra Sarkar v. Rajesh Ranjan (2004) 7 SCC 528 [Para 5]
Khilari v. State of Uttar Pradesh & Ors.
Parivartan Kendra vs Union of India and Others
Suresh Chandra Jana vs State of West Bengal and Others
Parivartan Kendra v. Union of India
State of Himachal Pradesh and Another vs Vijay Kumar alias Pappu and Another
Deepak Yadav vs State of Uttar Pradesh and Another
Gian Singh vs State of Punjab and Another
State of Jharkhand vs. Md. Sufiyan
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