Monday 5 September 2016

THE HC JUDGE OVERRULES


THE HC JUDGE OVERRULES
Section 389(1) of the CrPC reads as follows-
"Pending any appeal by a convicted person,the Appellate Court may,for reasons to be recorded by it in writing,order that the execution of the sentence or order appealed against be suspended and,also,if he is in confinement, that he be realeased on bail,or on his own bond."
From the plain reading of the section 389(1) CrPC,it can be concluded that-
(i) The Appellate Court,which is the High Court of Patna in the present case in question,may suspend the execution of sentence during pendency of appeal before it for which convicted person has been sentenced,whether or not the convicted person is in confinement i.e.imprisonment.
(ii) If the convicted person is in confinement, then the Appellate Court may also order that the convicted person be released on bail,or on his own bond.
The well settled principle which can be extracted from this section is that firstly the suspension of sentence is must whether the convicted person is in confinement or not.So,before granting bail to the imprisoned person,his sentence must be suspended.
Now come to what has happened in one Case.One Judge of the Patna High Court granted bail to the convicted person,but without suspending sentence.Since the convicted person wanted to be reinstated in his job,he again approached to the Court and prayed to stay the conviction and sought reinstatement of job as well.Stay of conviction should actually be termed as suspension of sentence in view of section 389(1) CrPC.The Judge rejected the plea asserting that there is no cogent,sound reason to suspend the sentence.On what reasons bail is granted,sentence must be suspended first on the same reasons before granting bail.There is no need of any specific reason for suspending sentence.Specific reason must be required for reinstating job of the convicted person if possible according to law,not for suspending sentence.
What must have been done by the Judge at the time of grating bail to the convicted person,have not been done even after approaching again.The Judge has overruled.It shows lack of merits in the Judge,for which a person has to suffer.
LikeShow more reactions
Comment
Comments
Arbaz Alam 389. Suspension of sentence pending the appeal; release of appellant on bail. (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond. (2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto. (3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,- (i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or (ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub- section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced
Arbaz Alam 389. Suspension of sentence pending the appeal; release of appellant on bail. (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed...See More
Rahul Kumar
Write a comment...

No comments:

Post a Comment