The Single Bench of the Delhi High Court in the case of Anil vs Stateconsisting of Justice Anoop Kumar Mendiratta, while dealing with an application u/s 389 CrPC (Suspension of sentence pending the appeal; release of appellant on bail) observed that there should be compelling reasons for suspension of sentence and grant of bail under the Section.
Facts
The appellant was convicted for the offences u/s 498A/304B IPC and Section 4 of Dowry Prohibition Act, 1961. He was sentenced to undergo Rigorous Imprisonment for a period of 02 years with fine of Rs.10,000/- (in default of payment of fine, to undergo Simple Imprisonment for 06 months) for offence u/s 498A IPC, to undergo Rigorous Imprisonment for a period of 10 years for offence u/s 304B IPC and to undergo Simple Imprisonment for a period of 01 year with fine of Rs.5,000/- (in default of payment of fine, to undergo Simple Imprisonment for 03 months) for offence u/s 4 of Dowry Prohibition Act, 1961.
Contentions Made
Petitioner: There is strong case on merits. During trial, benefit of bail was extended to the petitioner by order passed by this Court. The other contentions as raised in the appeal had also been raised challenging the impugned judgment on merits.
Respondent:The application for regular suspension of sentence was permitted to be withdrawn. Appellant has not even undergone half of the sentence since after his conviction he had been on interim bail and was directed to surrender by order passed by this Court.
Observations of the Court
The Bench,relying on various judicial precedents, noted that while considering an application for suspension of sentence, the Appellate Court should only examine if there is any patent infirmity in the order of conviction that renders the order of conviction prima facie erroneous.The mere fact that during the trial accused were granted bail and there was no allegation of misuse of liberty, is not of much significance, as the accused was found guilty on conviction.
It further noted that in cases where the person is convicted of offences punishable with death or imprisonment for life or imprisonment for a term not less than ten years, an opportunity is to be given to the public prosecutor under proviso to Section 389(1) CrPC.
Judgment
The Bench concluded that no grounds for suspension of sentence till disposal of appeal were made out and the application was accordingly dismissed.
Citation: CRL.A. 729/2019, CRL.M.(BAIL) 49/2020, 8236/2020
Bench: Justice Anoop Kumar Mendiratta
Decided on: 4th August 2022
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