Case Note & Summary
The applicant, Rajesh Aglesh @ Akhilesh Raman, was convicted as accused No.2 along with others for offences punishable under Sections 143, 147, 148, 302, 307 read with 149 and Section 307 of the Indian Penal Code. He was sentenced to imprisonment. The applicant filed an application for suspension of sentence and grant of bail pending appeal before the Bombay High Court. The court heard submissions from the learned senior counsel for the applicant and the learned APP for the State. The application was adjourned to enable the APP to take instructions about the antecedents of the applicant. After hearing both sides, the court noted that the applicant had been in custody for a considerable period and had no criminal antecedents. The court allowed the application, suspending the sentence and granting bail to the applicant on certain conditions, including furnishing a personal bond and surety, and reporting to the police station periodically.
Headnote
A) Criminal Procedure - Suspension of Sentence - Bail Pending Appeal - Long Incarceration - The applicant, convicted under Sections 143, 147, 148, 302, 307 read with 149 IPC, sought suspension of sentence and bail. The court considered the period of incarceration already undergone and the applicant's clean antecedents. Held that the applicant is entitled to suspension of sentence and bail, subject to conditions. (Paras 1-3)
Issue of Consideration
Whether the applicant, convicted under multiple sections of IPC for murder and attempt to murder, is entitled to suspension of sentence and bail pending appeal.
Final Decision
The application is allowed. The sentence imposed on the applicant is suspended and he is directed to be released on bail on furnishing a personal bond of Rs.25,000/- with one surety of the like amount. The applicant shall report to the concerned police station on the first day of every month between 10 a.m. and 12 p.m. till the appeal is decided. The applicant shall not tamper with the prosecution witnesses.
Law Points
- Suspension of sentence
- bail pending appeal
- long incarceration
- clean antecedents
- Indian Penal Code sections 143
- 147
- 148
- 302
- 307 read with 149
