Bhagwan Rama Shinde Gosai v. State of Gujarat, (SC) BS33703

Bhagwan Rama Shinde Gosai v. State of Gujarat, (SC) BS33703 SUPREME COURT OF INDIA

Before:- K.T. Thomas and M.B. Shah, JJ.

Criminal Appeal No. 554 of 1999 (Arising out of S.L.P. (Crl.) No. 759 of 1999). D/d. 12.5.1999.

Bhagwan Rama Shinde Gosai - Appellants

Versus

State of Gujarat - Respondent

For the Appellants :- Mr. Aseem Mehrotra and Mr. Yash Pal Dhingra, Advocates.

For the Respondent :- Ms. Hemantika Wahi and Mrs. Farah Sultana, Advocates.

NOTE

Section 389 Criminal Procedure Code - Sections 392/397 Indian Penal Code - Appeal not expected to be heard in the near future. Bail granted by Supreme Court.

Indian Penal Code, Sections 392 and 397 - Criminal Procedure Code, 1973, Section 389 - Suspension of sentence during appeal - Accused convicted and sentenced to 10 years RI - Their application for early disposal of appeal dismissed - Appeal not likely to be disposed of expeditiously - Sentence suspended - Appellate Court must bestow special concern in the matter of suspending the sentence.

[Para 3]

ORDER

K.T. Thomas, J. - Leave granted.

2. This is a case where appellants have been convicted by the trial Court of the offense under Section 392 read with Section 397 and each of them was sentenced to rigorous imprisonment for 10 years. They filed an appeal before the High Court of Gujarat and moved for suspension of sentence, but that was not allowed. At a later stage they again moved for suspension of sentence and that too was dismissed by the impugned order. Unfortunately, when they made a motion for having their appeal expedited that also was declined by the High Court on the premise that the High Court is having older appeals on the board.

3. When a convicted person is sentenced to fixed period of sentence and when he files appeals under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances. Of course if there is any statutory restriction against suspension of sentence it is a different matter. Similarly, when the sentence is life imprisonment the consideration for suspension of sentence could be of a different approach. But if for any reason the sentence of limited duration cannot be suspended every endeavour should be made to dispose of the appeal on merits more so when motion for expeditious hearing the appeal is made in such cases. Otherwise the very valuable right of appeal would be an exercise in futility by efflux of time. When the appellate court finds that due to practical reasons such appeals cannot be disposed of expeditiously the appellate court must bestow special concern in the matter of suspending the sentence. So as to make the appeal right meaningful and effective. Of course appellate courts can impose similar conditions when bail is granted.

4. In this case as the High Court was not inclined to hear the appeal expeditiously we are of the view that the sentence passed on appellants can be suspended on some stringent conditions. We, therefore, suspend the sentence and direct the appellants to be released on bail on each of them executing a bond to the satisfaction of Additional Sessions Judge, Nadiad. We direct the appellants to report to Kapadwang Police Station on all Mondays and Thursdays between 4.00 p.m. and 6.00 p.m. until disposal of the appeal pending before the High Court.

This appeal is disposed of in the above terms.