Case Note & Summary
The judgment pertains to multiple criminal applications filed by convicts seeking suspension of sentence and bail pending appeal. The applicants were convicted by the Additional Sessions Judge-I, Niphad, on 23rd August 2016, for offences under Section 364A read with Section 120B of the Indian Penal Code (IPC), along with other sections including 386, 395, 397, 347, and 506(II) read with Section 120B IPC. They were sentenced to life imprisonment for the offence under Section 364A read with Section 120B IPC. The applicants in Criminal Application No.1502/2016 are accused Nos.3, 4, and 5; in Criminal Application No.1269/2016 is accused No.2; in Criminal Application No.1262/2016 are accused Nos.6 and 11; in Criminal Application No.55/2017 is accused No.1; and in Criminal Application No.1289/2017 is accused No.9. The applicants argued that they have been in custody for over four years and that their appeals are not likely to be heard in the near future. The State opposed the applications. The High Court, after considering the submissions and the period of incarceration, held that the applicants are entitled to suspension of sentence and bail. The court directed that each applicant be released on bail on furnishing a personal bond of Rs. 50,000/- with one or two sureties in the like amount. Additionally, the applicants were required to report to the concerned police station once a month on the first Monday of every month between 10:00 a.m. and 12:00 p.m. until the disposal of their appeals. The court also clarified that if any of the applicants failed to appear before the court when required, the bail would be liable to be cancelled. The applications were disposed of accordingly.
Headnote
A) Criminal Procedure - Suspension of Sentence - Section 389 CrPC - Life Imprisonment - The applicants, convicted under Section 364A read with Section 120B IPC and sentenced to life imprisonment, sought suspension of sentence pending appeal. The court considered the long period of incarceration already undergone (over 4 years) and the unlikelihood of the appeal being heard soon. Held that the applicants are entitled to suspension of sentence and bail on stringent conditions, including furnishing a personal bond of Rs. 50,000/- with one or two sureties, and reporting to the police station once a month. (Paras 1-10)
B) Criminal Law - Kidnapping for Ransom - Section 364A IPC - Life Sentence - The trial court convicted the applicants for kidnapping for ransom under Section 364A read with Section 120B IPC. The applicants were sentenced to life imprisonment. The High Court, while suspending the sentence, noted that the appeal is not likely to be heard in the near future and the applicants have been in custody for a considerable period. (Paras 1-10)
Issue of Consideration
Whether the applicants, convicted under Section 364A read with Section 120B IPC and sentenced to life imprisonment, are entitled to suspension of sentence and grant of bail pending appeal under Section 389 of the Code of Criminal Procedure, 1973.
Final Decision
The court allowed the applications and directed that each applicant be released on bail on furnishing a personal bond of Rs. 50,000/- with one or two sureties in the like amount. The applicants were also required to report to the concerned police station once a month on the first Monday of every month between 10:00 a.m. and 12:00 p.m. until the disposal of their appeals. The court clarified that if any applicant fails to appear before the court when required, the bail would be liable to be cancelled.
Law Points
- Suspension of sentence pending appeal
- Section 389 CrPC
- Life imprisonment
- Bail conditions
- Delay in hearing of appeal
Case Details
2019 LawText (BOM) (02) 62
Criminal Application No. 1502 of 2016 in Criminal Appeal No. 670 of 2016, Criminal Application No. 55 of 2017 in Criminal Appeal No. 295 of 2017, Criminal Application No. 1262 of 2016 in Criminal Appeal No. 673 of 2016, Criminal Application No. 1269 of 2016 in Criminal Appeal No. 681 of 2016, Criminal Application No. 1289 of 2017 in Criminal Appeal No. 733 of 2018
Mr.S.V.Marwadi i/b. Mr.Satyajeet P. Dighe, Mrs.Aisha Mohammed Zubair Ansari with Mrs.Nasreen Ayubi, Mr.Jayant Bardeskar i/b. Mr.Tanveer Khan, Mr.Anand Palande i/b. Mr.Pratap B. Kakade, Mr.Ramesh Dube Patil with Ms.Khushbu Marwadi i/b. M/s.Jay & Co., Mr.J.P.Yagnik
Mulani Dawood Husain, Sagar Vijay Gavali, Arjun Madhukar Rahane, Sachin Damodhar Kolhe (Patil), Yogesh Daulat Gadakh, Vishwajit @ Sonu Kiran Thete, Tushar Vikram Bairagi, Santosh Manohar Hatangale
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Nature of Litigation
Criminal applications for suspension of sentence and grant of bail pending appeal against conviction for kidnapping for ransom and other offences.
Remedy Sought
The applicants sought suspension of the life sentence imposed by the trial court and release on bail pending the hearing of their criminal appeals.
Filing Reason
The applicants were convicted and sentenced to life imprisonment by the Additional Sessions Judge-I, Niphad, on 23rd August 2016, and they filed appeals against the conviction. They filed these applications seeking suspension of sentence and bail pending appeal.
Previous Decisions
The trial court convicted the applicants for offences under Section 364A read with Section 120B IPC and other sections, and sentenced them to life imprisonment.
Issues
Whether the applicants are entitled to suspension of sentence and bail pending appeal under Section 389 of the Code of Criminal Procedure, 1973.
Submissions/Arguments
The applicants argued that they have been in custody for over four years and their appeals are not likely to be heard in the near future.
The State opposed the applications.
Ratio Decidendi
Under Section 389 of the Code of Criminal Procedure, 1973, the appellate court may suspend the sentence pending appeal. The court considered the long period of incarceration already undergone by the applicants (over four years) and the fact that the appeals are not likely to be heard in the near future. Therefore, the court held that the applicants are entitled to suspension of sentence and bail on stringent conditions.
Judgment Excerpts
By the impugned judgment and order dated 23rd August 2016, the learned Additional Sessions Judge-I, Niphad has convicted accused Nos.1, 2, 3, 4, 5, 6, 9 and 11 for offences punishable under section 364A read with section 120B of the Indian Penal Code (IPC)...
For the offence punishable under section 364A read with section 120B of IPC, all the applicants have been sentenced to suffer life imprisonment.
The applicants in Criminal Application No.1502/2016 are accused Nos.3, 4 and 5. The Applicant in Criminal Application No.1269/2016 is accused No.2. The Applicants in Criminal Application No. 1262 of 2016 are the accused No.6 and 11. The Applicant in Criminal Application No.55/2017 is accused No.1 and applicant in Criminal Application No.1289/2017 is accused No.9.
These applications are filed for suspension of sentence and for grant of bail.
Procedural History
The trial court (Additional Sessions Judge-I, Niphad) convicted the applicants on 23rd August 2016. The applicants filed criminal appeals against the conviction. Subsequently, they filed these criminal applications under Section 389 CrPC seeking suspension of sentence and bail pending appeal. The High Court heard the applications and passed the order on 4th February 2019.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 364A, 120B, 386, 395, 397, 347, 506(II)
- Code of Criminal Procedure, 1973 (CrPC): 389
