1. Conviction under Section 392 read with Section 397 — Sentence of ten years rigorous imprisonment — Denial of suspension of sentence and expeditious hearing of appeal. (Para 1 )
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1999 Supreme(SC) 647
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 Points
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.
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.
Subject
Criminal Law - Suspension of Sentence
Act Referred
Headnote
Indian Penal Code, 1860-Section 392 read with Section 397 -Appellants convicted by trial Court of offence under Section 392 read with Section 397-Sentenced to regourous imprisonment for ten years-Appeal-High Court moved for suspension of sentence-Not allowed-Again High Court moved for suspension of sentence but dismissed-Appellants made motion for expediting their appeal-Declined by High Court ofn premises that older appeals on Board-As High Court not inclined to hear appeal expeditiously sentence passed on appellants can be suspended on some stringent conditions - Sentence suspended-Appellants directed to be released on bail on each of them executing bond to the satisfaction of additional Session Judge-Appellants to report to Police Station on all Mondays and Thursday between 4.00 p.m. and 6.00 p.m. until disposal of appeal.
Held : 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. (Para 3)
Legal Category Hierarchy
Table of Contents
2. Appellants sought suspension of sentence and an order for the expeditious hearing of their appeal pending before the High Court. (Para 1 )
3. Suspension of fixed-term sentences should be liberal unless exceptional circumstances exist; failure to hear appeals expeditiously necessitates a more lenient approach to suspension. (Para 2 )
4. To ensure the right of appeal is meaningful, appellate courts should liberally suspend fixed-term sentences if the appeal cannot be disposed of expeditiously. (Para 2 )
5. Sentence suspended on stringent conditions; appellants released on bail subject to reporting requirements. (Para 3 )
6. When should an appellate court consider the suspension of a sentence for a person sentenced to a fixed term?
Suspension of sentence for a fixed period should be considered liberally by the appellate court, provided there are no exceptional circumstances or statutory restrictions. (Para 2 )
7. How should an appellate court handle suspension of sentence if it cannot hear an appeal expeditiously?
If an appeal cannot be disposed of expeditiously due to practical reasons, the appellate court must bestow special concern in suspending the sentence to ensure the right of appeal remains meaningful and effective. (Para 2 )
8. Does the approach to suspension of sentence differ between fixed-term sentences and life imprisonment?
Yes, the court indicated that the consideration for suspension of sentence may take a different approach when the sentence is life imprisonment compared to a fixed period of sentence. (Para 2 )
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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