TaxTMI 
TaxTMI 
1995 (8) TMI 340
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....s advanced by the learned counsel for the applicant is whether the lower appellate Court under the Code of Criminal Procedure 1973 has power to suspend the sentence or grant bail to enable the accused to prefer revision application before High Court after the appeal against the conviction and sentence has been decided. In large number of cases, it has been found that the Sessions Judge, Additional Sessions Judge, the Joint Sessions Judge, or the lower appellate Court as the case may be, suspends the sentence for some time even after disposal of appeal against the conviction and sentence to enable the accused to prefer revision application before High Court and obtain appropriate orders. The Code of Criminal Procedure does not confer any inh....
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....edure, 1973. Shri Dhote, the learned Additional Public Prosecutor, on the other hand, submits that the lower appellate Court does not have any power to suspend the sentence after the decision in the appeal, and exercise of such power by the lower appellate Court is without any jurisdiction and does not flow from any of the provisions of the Code of Criminal Procedure. 4. Section 386 of the Code of Criminal Procedure deals with the powers of the appellate Court and sub-section (e) thereof, referred to by the learned counsel for the applicant, reads as under : "386. Power of the Appellate Court :- After perusing such record and hearing the appellant or his pleader, if he appears and the Public Pr....
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....d counsel for the applicant is Section 389(3) of the Code of Criminal Procedure, and that provision reads as under : "389. Suspension of sentence pending the appeal; release of appellant on bail - (1) and (2) *** *** (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, ....
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.... maintained or altered and the sentence has been accordingly passed by the appellate Court. The power under Section 389(3) of the Code of Criminal Procedure is exercisable by the trial Court, if the convict intends to file an appeal against conviction and sentence and the conditions in sub-section (3) are satisfied. 8. The learned Counsel for the applicant could not show any provision in the Code of Criminal Procedure, which empowers the lower appellate Court to suspend the sentence after disposal of appeal arising out of conviction and sentence to enable the accused-convict to prefer revision application before the High Court and obtain appropriate orders. In this view of the matter, the lower appellate Court is not empowered to suspend....
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....e prosecution is inconsistent. Lastly, the learned counsel contended that at the time of the incident, the accused/applicant was 17 years old and, therefore, looking to his age, character and antecedents, he should be extended the benefit of probation. 10. I have considered the arguments advanced by the learned counsel for the accused/applicant, and in my view, the trial Court has rightly relied upon the deposition of P.W. 2 Anita and the minor contradictions here and there are not material and in any case not sufficient to discard the testimony of P.W. 2 Anita. The contradictions shown by the learned counsel in the testimony of P.W. 2 Anita, P.W. 1 Chokha and P.W. 4 Sita are only on collateral facts and do not shake the trustworthiness ....