S. Venkatesh v. State of Karnataka (SC) BS266450

S. Venkatesh v. State of Karnataka (SC) BS266450 SUPREME COURT OF INDIA

Before:- R.P. Sethi and K.G. Balakrishnan, JJ.

Criminal Appeal No. 526 of 2002, Arising out of SLP (Crl.) No. 888 of 2002. D/d. 19.4.2002.

S. Venkatesh - Appellant

Versus

State of Karnataka - Respondent

NOTE

When the sentence is only two years and the appeal is not expected to be heard in the near future, the bail cannot be declined.

Criminal Procedure Code, 1973, Section 389 - Prevention of Corruption Act, 1988, Sections 7, 13(1)(d) and (2) - Bail during pendency of appeal - Conviction under Prevention of Corruption Act fine - Held that, keeping in view the facts and circumstances of the case, that there is no likelihood of the appeal being heard in the near future and the factum that the sentence awarded is only two years, we feel that the High Court is not justified in refusing the bail application.

[Paras 2 and 3]

ORDER

R.P. Sethi, J. - Leave granted.

2. The appellant was convicted under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and awarded maximum sentence of two years rigorous imprisonment and to pay fine of Rs 2000. The appeal filed by him was admitted by the High Court but his bail application was rejected vide order impugned in this appeal.

3. Keeping in view the facts and circumstances of the case, that there is no likelihood of the appeal being heard in the near future and the factum that the sentence awarded is only two years, we feel that the High Court is not justified in refusing the bail application.

4. We set aside the impugned order and direct that the appellant be released on bail on furnishing bail bonds to the satisfaction of the trial court. The amount of fine shall, however, be deposited vide the judgment of the trial court.

5. The appeal is disposed of accordingly.