Case Note & Summary
The judgment pertains to multiple criminal applications filed by eight convicts (accused Nos. 1 to 6, 9, and 11) who were convicted by the Additional Sessions Judge-I, Niphad, on 23rd August 2016 for offences including kidnapping for ransom under Section 364A read with Section 120B IPC, extortion, dacoity, wrongful confinement, and criminal intimidation. They were sentenced to life imprisonment for the offence under Section 364A IPC. The applicants filed appeals against their conviction and concurrently filed these applications under Section 389 of the Code of Criminal Procedure, 1973 (CrPC) seeking suspension of sentence and bail pending appeal. The court noted that the applicants had been in custody for over two years and six months, and considering the large number of appeals pending before the court, it was unlikely that the appeals would be heard in the near future. The court observed that the applicants were not likely to abscond or commit similar offences if released on bail. Consequently, the court allowed the applications and directed that the sentences of the applicants be suspended and they be released on bail on executing a personal bond of Rs. 25,000 each with one or two sureties. The applicants were also required to attend the trial court once every six months and not tamper with prosecution witnesses. The court clarified that the observations were only for the purpose of deciding the bail applications and would not influence the final hearing of the appeals.
Headnote
A) Criminal Procedure - Suspension of Sentence Pending Appeal - Section 389 CrPC - Long Incarceration - Applicants convicted under Section 364A IPC and sentenced to life imprisonment had undergone more than 2 years and 6 months of actual imprisonment - Considering the long period of incarceration and the unlikelihood of early hearing of the appeals, the court suspended the sentences and granted bail to the applicants - Held that the applicants are entitled to suspension of sentence and bail pending appeal (Paras 1-10).
Issue of Consideration
Whether the applicants convicted under Section 364A IPC and sentenced to life imprisonment are entitled to suspension of sentence and bail pending appeal, considering the long period of incarceration and the unlikelihood of early hearing of the appeals.
Final Decision
The court allowed the applications and directed that the sentences of the applicants be suspended and they be released on bail on executing a personal bond of Rs. 25,000 each with one or two sureties. The applicants must attend the trial court once every six months and not tamper with prosecution witnesses. The observations are only for the purpose of deciding the bail applications and will not influence the final hearing of the appeals.
Law Points
- Suspension of sentence pending appeal
- bail conditions
- Section 389 CrPC
- long incarceration
- delay in hearing appeals
Case Details
2019 LawText (BOM) (03) 82
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, Mr.Satyajeet P. Dighe, Mrs.Aisha Mohammed Zubair Ansari, Mrs.Nasreen Ayubi, Mr.Jayant Bardeskar, Mr.Tanveer Khan, Mr.Anand Palande, Mr.Pratap B. Kakade, Mr.Ramesh Dube Patil, Ms.Khushbu Marwadi, 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 bail pending appeal against conviction for kidnapping for ransom and other offences.
Remedy Sought
The applicants sought suspension of their life sentences and release on bail pending the hearing of their criminal appeals.
Filing Reason
The applicants were convicted and sentenced to life imprisonment by the trial court and filed appeals; they sought interim bail due to long incarceration and delay in hearing of appeals.
Previous Decisions
The trial court convicted the applicants on 23rd August 2016 and sentenced them to life imprisonment under Section 364A IPC.
Issues
Whether the applicants are entitled to suspension of sentence and bail pending appeal under Section 389 CrPC given the period of incarceration already undergone and the unlikelihood of early hearing of the appeals.
Submissions/Arguments
The applicants argued that they have been in custody for more than two years and six months and that the appeals are not likely to be heard soon due to the large number of pending appeals.
The State opposed the applications, but the court found that the applicants were not likely to abscond or commit similar offences if released.
Ratio Decidendi
The court held that considering the long period of incarceration already undergone by the applicants (over two years and six months) and the unlikelihood of early hearing of the appeals, the applicants are entitled to suspension of sentence and bail under Section 389 CrPC, subject to conditions to ensure their presence and good conduct.
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 have been in custody for more than two years and six months. Considering the large number of appeals pending before this Court, it is unlikely that the appeals will be heard in the near future.
Hence, the applications are allowed. The sentences of the applicants are suspended and they are directed to be released on bail on executing a personal bond of Rs.25,000/- each with one or two sureties.
Procedural History
The trial court convicted the applicants on 23rd August 2016. The applicants filed criminal appeals against the conviction and concurrently filed these applications under Section 389 CrPC for suspension of sentence and bail. The applications were heard by the Bombay High Court on 4th February 2019 and allowed.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 364A, 120B, 386, 395, 397, 347, 506(II)
- Code of Criminal Procedure, 1973 (CrPC): 389
