The need for germane and relevant reasons to be recorded when passing an order suspending the sentence, and the consideration of arguable points and delay in hearing the appeal in granting bail.

S.S.Nijjar, J.

1. Earlier this application for bail was accepted by this Court on 14.7.2003. Against the aforesaid order, the complainant filed Crl. A. No. 975 of 2004. The matter has been remanded back to this Court with the following observations :

"Leave granted.

The widow of the deceased has challenged the impugned order of the High Court dated 14.7.2003 passed in Criminal Misc. No. 22866/2003 in Criminal Appeal No. 263-DB of 2003 and Crl. Misc No. 2175/2003 in Criminal Appeal No. 343-DB of 2003. By the impugned order, the High Court has granted bail to the two accused pending decision of the appeals against conviction. The accused had been convicted for offence punishable under Section 302 IPC and other offences in terms of judgment and order of Additional District & Sessions Judge, Amritsar and life imprisonment has been imposed on them. The question of release of the accused on bail and suspension of sentence pending appeal against conviction has to be within the parameters of Section 389 of the Code of Criminal Procedure which inter alia requires the recording of reasons for passing an order suspending the sentence. In the present case, perusal of the impugned order shows that what has mainly weighed with the High Court suspending the sentence is that during the trial the accused were on bail and they did not misuse it. A passing reference has also been made to the factum of the appeal not likely to be heard for long time. When Section 389 Cr.P.C. requires reasons to be recorded, the same have to be germane and relevant. The order should indicate due and proper application of mind. Having examined the record and heard learned counsel for the parties, we are of the view that the manner of disposal of the bail applications by the High Court in the present case was not satisfactory. When an application for suspension of sentence, after conviction is considered, the mere fact of accused being on bail in a case under Section 302 IPC by itself is of hardly any relevance. At this stage, we wish to say no more since we are remitting the bail application for fresh decision of the High Court and any expression of opinion may adversely affect the parties. The impugned orders on the aforesaid two Criminal Misc. Applications are set aside. The High Court is requested to decide the said applications afresh as expeditiously as possible preferably within a period of three months because as a result of setting aside of the impugned order, the accused have to surrender to custody. The accused shall surrender within ten days."

2. The counsel for the parties have been heard at length. Mr. Baldev Singh, learned Senior Advocate vehemently argued that two appellants in two separate appeals have been simply convicted as one happened to be the S.H.O. of the Police Station and the other was posted in the police station as A.S.I. According to the learned counsel, there is no direct evidence to connect the appellants with the commission of the crime. The entire prosecution case hinges on circumstantial evidence. He also argued that none of witnesses have identified either of the two appellants subsequently from some other persons. However, she could not tell the names of the persons, who had disclosed the names of the appellants. Learned counsel further submitted that the investigating agency had earlier cancelled the case against the appellants. Subsequently, the appellants were tried on the basis of the complaint submitted by the wife of the deceased. The trial Court had come to the conclusion that all the injuries found on the deceased were simple in nature. In other words, the deceased was not in danger of losing his life, hence there would have been no reason for the appellants to eliminate the deceased. Learned counsel also emphasized (sic) and anti-national activities. The alleged occurrence took place at the time when militancy was at its peak in the State of Punjab. At that time the very security of the State had been compromised