AI Structured Summary
Not yet generated for this judgment
Judgment
Re: CRAN 1518 of 2019
The appellant stands convicted and sentenced to undergo imprisonment and also to pay fine for offence found punishable Part II of Section 304 as well as under Section 3 of the Explosive Act. This application for suspension of sentence is taken up for consideration. We have heard the learned counsel for the appellant and the learned Additional Public Prosecutor.
The learned Counsel for the appellant refers to the judgments of the Apex Court in the cases of Bhagwan Rama Shinde Gosai & Ors.-vs.-State of Gujarat, reported in (1999) 4 SCC 421, Suresh Kumar & Ors.-vs.-State (NCT of Delhi), reported in (2001) 10 SCC 338 and Kiran Kumar-vs.-State of M.P., reported in (2001) 9 SCC 211 to argue for the position when the imprisonment for fixed term has been handed down, it is appropriate that application for suspension for sentence be considered and bail be granted on conditions, even stringent.
We are of the view that those judgments are authority for the proposition that the course of justice in criminal appellate jurisdiction requires the hearing out of the appeal within a reasonable time and if that becomes not possible, application for bail should be considered by applying the principle of granting bail rather than its refusal, even on stringent conditions. This means that if the appeal is against is sentence for imprisonment for a fixed term and not life imprisonment, the priority should be given to grant bail unless it is possible to hear the appeal expeditiously.
In the case in hand, the appellant was granted bail during trial. Now, that issue takes a different colour because he has been convicted after a trial by the court of sessions. The period of detention undergone by this time and the quality of findings rendered by the court of assistance after hearing the evidence of the prosecution witnesses as well as on the basis of the documentary evidence on record does not impress upon us to grant bail/suspension of sentence at this point of time. We are hopeful that this appeal can be heard and disposed of without delay.
We, accordingly, dismiss this application and order the appeal be listed for consideration on November 13, 2019.
Learned counsel for the appellant volunteers to make available the informal paper book to enable expeditious hearing of the appeal. In the event of the final hearing appeal becoming inordinately delayed, we give the liberty to the appellant to move fresh application for bail/suspension of sentence.
The application being No. CRAN 1518 of 2019 is accordingly dismissed.