Suresh Kumar v. The State (NCT of Delhi), (SC)
BS142720
SUPREME COURT OF INDIA
Before:- K.T. Thomas and R.P. Sethi, JJ.
(Arising out of SLP (Crl.) No. 3238/2000). D/d.
29.9.2000.
Suresh Kumar & Ors. - Appellants
Versus
The State (NCT of Delhi) - Respondent
NOTE
Refusal of suspension of sentence by the HC - One line judgment of refusal in fixed sentence is not genuine. No exceptional circumstance to refuse bail. Allowed.
Criminal Procedure Code, 1973, Section 389 - Suspension of sentence - Conviction under Section 307 read with Section 34 Indian Penal Code - Sentenced to imprisonment for a period of 3 years and to pay a fine of Rs. 2000/- each - Application for suspension of sentence - No exceptional circumstance referred to by the Single Judge for not following the course suggested in 1999(4) SCC 421 while dismissing the petition for suspension of conviction pending appeal - Impugned order set aside.
[Paras 5 and 6]
Cases Referred :-
Bhagwan Rama Shinde Gosai v. State of Gujarat, 1999(2) All India Criminal Law Reporter 456 (SC).
ORDER
Issue notice
2. Mr. D.S. Mehra accepts notice on behalf of State.
3. Leave granted.
4. In this matter appellants have been convicted under Section 307 read with Section 34 of Indian Penal Code and each was sentenced to imprisonment for a period of 3 years and to pay a fine of Rs. 2000/-. When they moved for suspension of the sentence of imprisonment, the High Court refused to do so for which just one line order had been passed by learned Single Judge which is extracted below :
"Heard learned Counsel for the parties Dismissed."
5. This Court has stated in Bhagwan Rama Shinde Gosai and Ors. v. State of Gujarat [1999 (4) SCC 421] :
"When a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the Appellate Court liberally, unless there are exceptional circumstances".
6. No exceptional circumstance has been highlighted by the learned single Judge for deviating, the aforesaid course suggested by this Court. We, therefore, allow this appeal and order the suspension of the sentence of imprisonment passed on the appellants during the pendency of the appeal before the High Court. They shall be released on bail on each of them executing a bond with two solvent sureties to the satisfaction of the trial Court.
7. This appeal is disposed of accordingly.
Orders accordingly.