1955 (3) TMI 36 - SC - Indian Laws

Supreme Court sets aside order, allows appellant to show cause against conviction. Importance of statutory right emphasized.

Pilot U.J.S. Chopra Versus State of Bombay

Pilot U.J.S. Chopra Versus State of Bombay - 1955 AIR 633, 1955 SCR (2) 94 Issues Involved:1. Whether the summary dismissal of an appeal precludes the appellant from taking advantage of section 439(6) of the Code of Criminal Procedure.2. The interpretation and scope of section 439 of the Code of Criminal Procedure, particularly subsections (1), (2), (5), and (6).3. The principle of finality of judgments in criminal cases and its applicability.4. The procedural aspects and timing of issuing a notice for enhancement of sentence under section 439.Detailed Analysis:1. Summary Dismissal and Section 439(6)The primary issue was whether the summary dismissal of an appeal precluded the appellant from taking advantage of section 439(6) of the Code of Criminal Procedure when called upon to show cause why the sentence should not be enhanced. The Court held that the summary dismissal of an appeal does not prevent the appellant from showing cause against his conviction under section 439(6) when a notice for enhancement of sentence is subsequently issued. The rationale was that section 439(6) confers a new and valuable right on the accused to challenge the conviction when faced with an enhancement of sentence, irrespective of the prior summary dismissal of the appeal.2. Interpretation and Scope of Section 439Section 439 of the Code of Criminal Procedure grants the High Court revisional powers, including the ability to enhance sentences. Subsection (6) specifically allows a convicted person to show cause against his conviction when showing cause against an enhancement of sentence. The Court emphasized that this right is not conditioned or controlled by any prior proceedings, including the summary dismissal of an appeal. The historical background and legislative intent behind section 439 were examined, revealing that the provision was designed to provide a safeguard against frivolous applications for enhancement of sentences by the State or other interested parties.3. Principle of Finality of JudgmentsThe principle of finality of judgments, as embodied in sections 369 and 430 of the Code of Criminal Procedure, was a significant point of discussion. The Court held that while the finality of judgments is crucial, it does not apply to prevent the exercise of the right under section 439(6). The finality principle applies to judgments pronounced after a full hearing in the presence of both parties. However, summary dismissals without such a hearing do not constitute a final judgment that replaces the lower court's judgment. Therefore, the High Court retains the authority to issue a notice for enhancement of sentence, and the accused retains the right to show cause against his conviction under section 439(6).4. Procedural Aspects and Timing of Notice for EnhancementThe Court addressed the procedural aspects and timing of issuing a notice for enhancement of sentence. It held that the High Court should ideally issue such a notice before the appeal is finally disposed of and judgment pronounced. Once the High Court pronounces a judgment after a full hearing, it replaces the lower court's judgment, and the High Court cannot subsequently issue a notice for enhancement of sentence. This ensures that the accused can exercise the right to challenge the conviction while showing cause against the enhancement of sentence.Conclusion:The Supreme Court allowed the appeal, setting aside the High Court's order, and directed the High Court to allow the appellant to show cause against his conviction and dispose of the matter according to law. The judgment clarified that the summary dismissal of an appeal does not preclude the appellant from exercising the right under section 439(6) when a notice for enhancement of sentence is issued. The Court emphasized the importance of this statutory right and provided guidance on the procedural aspects of issuing notices for enhancement of sentences.