Bail during pendancy of Appeal
Rajan Salvi
(Querist) 23 August 2008
This query is : Resolved
Sirs,
What does the Supreme Court have to say about granting bail during pendancy of Apeal against conviction. An early respons would be highappreciated.
Srinivas.B.S.S.T
(Expert) 23 August 2008
section 389 deals with the suspension of sentence during pendency of appeal. If in the trial court the accused in convicted with a term not exceeding 3 years then upon filing a petition under section 389(3) the magistrate can suspend the sentence for a period of 30 days allowing the accused to prefer an appeal, upon furnishing surities. Then the accused can prefer an appeal and seek suspension of the sentence imposed by lower court till disposal of the appeal. But in cases where the accused in sentenced for a perion more than 3 years then he has no remedy under section 389 to plead suspension of sentence till filing an appeal.
Rajan Salvi
(Querist) 23 August 2008
Thanks for the speed of reply. I actually wanted to know when bail is granted in serious offences. As far as I know , we have to satisfy the Judge that the Sentencing court has erred and given a wrong finding . if only we make out a fit case , even in serious offences bail is granted. i wanted to know what are the grounds on which bail is granted and if there are any citations in that respect.
regards
deepak kumar
(Expert) 23 August 2008
bails are regularly granted to a convicted person during pendency of a appeal in serious offences also.
Some of the factors governing grant of bail would be - whether the person seeking bail was on bail during trial, what is his role in the offence committed, the behaviour and conduct of that person while he was in custody, previous convictions if any, period already undergone in custody etc.
advocatesdiary.blogspot.com
SANJAY DIXIT
(Expert) 23 August 2008
During the pendency of appeal, an appellate Court is empowered to
suspend sentence on the appellant by releasing him on bail. Such action, however, can be taken only after affording opportunity to the Public Prosecutor in case of offence punishable with death or imprisonment for life or imprisonment
for ten years or more and after recording
reasons in writing.
SANJAY DIXIT
(Expert) 23 August 2008
See the Judiciary Section of this site. I've uploaded a few judgments in this regard, I don't know whether they are helpful to you or not.
Rajan Salvi
(Querist) 23 August 2008
As directed by Adv Sanjay Dixit I went thro' the judiciary section but like Khalil Gibran says " I went thro the corridors of knowledge but i returned back empty handed." My search continues. thanx for the help.
SANJAY DIXIT
(Expert) 23 August 2008
Dear Rajan,
I also saw the Jud. Section & you are right.
I think it is not approved till now & it will be available soon after approval by the admin.
Rajan Salvi
(Querist) 23 August 2008
The beauty of searching for anything is that while searching for one thing you find ten different useful things which were at the back of your sub concsious mind.
K.C.Suresh
(Expert) 24 August 2008
Dear Rajan
You are requested go through Union of India & others v. Raman Kumar , AIR 1977 SC 3531. This deals with section 389 of the Code. It is held that the appellate court has power to suspend the execution of the sentence and release the accused on bail. When the appelate court suspends the execution of sentence, and granted bail to an accused the effect of the order is that the sentence based on conviction is for the time being postpond, or kept in abeyance during the pendency of the appeal.
In State of Tamil Nadu V. A. Jaganathan, 1996 Cr.LJ 3495 the SC observed the legal position of suspending the conviction . It is as follows:
1] Tryfling reasons may not be considered for suspending conviction
2] Moral conduct very much involved in a case has to be considered
3] Only when the court is satisfied with such conduct, a remedy can be given - and held that discretionery power to suspend conviction either u/s 389 (1) or 482 of the Code should not have been excercised in a case of conviction under the provisions of PC Act.
For accademic purpose you may read
a] Ramesh Narang vs Rama Narang, 1994 Cr.LJ 1685 (Bombay)
b] 1990 Cr.LJ 168 (AP)
c] 1993 Cr.L.J 558 (AP)
d] 1996 Cr.L.J 3495
e] AIR 1996 SC 2449
