Case Note & Summary
The applicants were convicted by the Sessions Judge, Kolhapur in Sessions Case No. 85 of 2009 for offences under sections 143, 427, 504, 506, 332, 307 read with 149 and 120B of the Indian Penal Code, 1860 and under Section 3 of the Prevention of Damage to Public Property Act, 1984. They filed applications for suspension of execution of sentence imposed vide judgment dated 18th September 2017 and prayed for release on bail. The incident occurred on 9th April 2009 when a small child was electrocuted, following which a group of 25-30 persons entered the office of Junior Engineer of Maharashtra State Electricity Distribution Company Limited (MSEDCL). It was alleged that the applicants carried cans of kerosene and sticks and attempted to set fire to the office. The court heard the learned counsel for the applicants and the learned APP for the State, perused the record, and considered the submissions. The court found that prima facie it revealed the incident and the allegations. However, considering the nature of evidence and the period of incarceration, the court was inclined to allow the applications. The court directed that the applicants be released on bail on executing a personal bond of Rs. 15,000/- with one or more sureties. The court also directed the applicants to attend the trial court once in six months until the appeal is decided and not to tamper with prosecution evidence.
Headnote
A) Criminal Procedure - Suspension of Sentence Pending Appeal - Section 389 CrPC - Bail - The court considered the nature of evidence, period of incarceration, and prima facie case for allowing suspension of sentence and release on bail pending appeal. (Paras 1-4)
Issue of Consideration
Whether the applicants, convicted for offences including attempt to murder and rioting, are entitled to suspension of sentence and release on bail pending appeal.
Final Decision
The court allowed the applications and directed that the applicants be released on bail on executing a personal bond of Rs. 15,000/- with one or more sureties. The applicants are directed to attend the trial court once in six months until the appeal is decided and not to tamper with prosecution evidence.
Law Points
- Suspension of sentence pending appeal
- Section 389 CrPC
- Bail pending appeal
- Prima facie case
- Period of incarceration
