2024 (12) TMI 1613 - HC - Indian Laws

Four-Year Sentence Suspended Pending Appeal; Bail Granted on Rs. 1 Lakh Personal and Surety Bond

The HC suspended the four-year sentence awarded to the appellant during the pendency of the appeal, noting the appellant was never arrested and remained ... Suspension of sentence during the pendency of appeal - appellant therein was awarded sentence for a period of four years - appellant was never arrested and remained on bail throughout the trial - HELD THAT:- Considering the fact that in an earlier appeal against conviction the appellant/applicant’s sentence of 04 years was also suspended by this court and further regard being had to the fact that the appellant was never arrested and remained on bail throughout the trial, the sentence of the appellant is suspended during pendency of the present appeal. The appellant is directed to be released subject to his furnishing a Personal Bond in the sum of Rs. 1 lac and one Surety Bond of the like amount to the satisfaction of the learned Trial Court/CJM/Duty JMIC, further subject to the fulfilment of conditions imposed - bail application allowed. ISSUES: Whether the sentence awarded under Sections 471 IPC, 420 IPC, and 120B read with 471 IPC and 420 IPC can be suspended during the pendency of the appeal under Section 430(2) CrPC.Whether a second conviction and sentence impacts the grant of suspension of sentence pending appeal.Whether the appellant's bail status throughout the trial affects the Court's discretion to suspend the sentence.What conditions are appropriate to impose when suspending sentence pending appeal. RULINGS / HOLDINGS: The Court held that the sentence awarded under Sections 471 IPC, 420 IPC, and 120B read with 471 IPC and 420 IPC is suspended during the pendency of the present appeal under Section 430(2) CrPC, considering the appellant's circumstances.The Court found that the fact of a second conviction does not preclude suspension of sentence, especially when the appellant's sentence in the earlier conviction was also suspended by this Court.The Court emphasized that the appellant having remained on bail throughout the trial and never having been arrested is a relevant factor favoring suspension of sentence.The Court imposed specific conditions for suspension including furnishing a Personal Bond and Surety Bond of Rs. 1 lac each, restrictions on leaving the country without prior permission, requirement to provide and update residential/contact details, and prohibition on inducement, threat, or promise to any person acquainted with the facts of the case. RATIONALE: The Court applied Section 430(2) of the Criminal Procedure Code (CrPC) which empowers the Court to suspend sentence during the pendency of an appeal.The Court relied on precedent where suspension of sentence was granted despite a conviction and sentence of four years, particularly noting a coordinate bench's decision where suspension was granted because the appellant was on bail throughout the trial.The Court noted the appellant's prior suspension of sentence in an earlier appeal as a relevant precedent supporting the grant of suspension in the present case.The Court exercised judicial discretion balancing the interests of justice, the nature of the offences, and the appellant's conduct during trial, imposing conditions to safeguard the trial process and public interest.