appellate jurisdiction in a sentence

does not envisage the question of delay, the fact remains that the applicability of Article 21, the right to speedy trial and expeditious hearing of substantive appeals cannot be possibly excluded from this arena. Kanyadaan is formed from combination of two words, "Kanya" and "Daan? In Rama Narang vs. Ramesh Narang, reported in MANU/SC/0623/1995 : (1995) 2 SCC 513, a three Judges Bench of the Supreme Court, having considered the question, as to whether an order of conviction can be suspended or not in exercise of powers under Section 389(1), held, speaking through Ahmadi, C.J., as follows:--. The third sub-clause permits an appeal in cases which the High Court certifies as fit for appeal. 116. The ratio, which can be culled out from the case of Pamapathy (supra), is that if a matter, in question, is not covered by any specific provisions of the Code, then, Section 561-A can come into operation, because no legislative enactment, dealing with procedure, can provide for all cases that can possibly arise and it is an, established principle that the Courts should have inherent powers, apart from the express provision of law, which are necessary to their existence and for proper discharge of the duties imposed upon them by law. 2 to 112 of the order, but considering the importance of the questions, would like to add a few words of my own. 30. It was also argued that there was no express power granted to the appellate court to cancel its order regarding suspension of sentence pending appeal or to rescind the order of release, on bail, of an appellant. The prisoner or detenu, observed the Supreme Court, in Francis Coralie Mullin (supra), cannot obviously move about freely by going outside the prison walls nor can he socialise at his free will with persons outside jail. Since the case of Rama Narang (supra) arose out of an order passed by High Court, which enjoys inherent power under Section 482 Cr.P.C., the Supreme Court held, in Rama Narang (supra), that if such a power of suspension of an order of conviction was not found in Section 389(1) Cr.P.C., such a power could, indeed, be exercised by High Court taking resort to Section 482 Cr.P.C. The cause, daughter's marriage, is an irrelevant consideration from the perspective of Section 389(1) Cr.P.C. Apposite it would be, in this regard, to understand the meaning and import of kanyadaan. The purpose of postponement of sentence cannot be achieved by detaining the convict in jail; hence, as a natural consequence of postponement of execution, the convict may be enlarged on bail till further orders. One of the striking features of the case of Francis Coralie Mullin (supra), is the recognition given to those rights, which can be exercised by a person even when he has been incarcerated. This apart, even assuming entirely for the sake of argument (without in the least holding so) that Section 389 of the Code does not envisage the questions of delay, the applicability of Article 21 and the right of speedy trial and expeditious hearing of substantive appeals cannot be possibly excluded from this arena. If Section 389(1) Cr.P.C., is a procedure established by law, whereby liberty of a person can be curtailed, it also has to answer those issues, which are in direct conflict with the right to life of a person, whose liberty is sought to be curtailed. The Supreme Court also distinguished, in Pamapathy (supra), the application of law laid down in the case of Lala Jairam Das (supra) and held that the question before the Judicial Committee, in Lala Jairam Das (supra), was whether the Code of Criminal Procedure conferred any power on a High Court, in India, to grant bail to a person, who had been convicted and sentenced to imprisonment and to whom the Judicial Commit tee had granted special leave to appeal against his conviction and/or sentence and it was held by the Judicial Committee, on this limited aspect of law, that the High Courts had no such power under the Criminal Procedure Code and could not grant bail to a person, who had been convicted and sentenced to imprisonment and to whom the Judicial Committee had granted special leave to appeal against his conviction and sentence and the question, whether inherent power of the High Court could be exercised for cancellation of bail, was not the subject-matter of consideration before the Judicial Committee. Nos. deals with suspension of execution of sentence pending appeal and release of the appellant on bail. At that point of time, only a copy of the judgment is available on the record of the Appellate Court. It may be menti... Sub-section (1) of Section 213 of the Indian Succession Act which is relevant for the purpose reads as follows:-- "213. Hence, the disposal of the Special Leave Petition or of any petition for leave to appeal does not subsume the order from which the appeal arose, for, with the rejection of the petition for leave, no appeal survived. 57. Coming back to the case of Lala Jairam Das (supra), the Privy Council further held, in Lala Jairam Das (supra), that Section 561A Cr.P.C., which embodies inherent power, confers no new power on the High Court; rather, Section 561A Cr.P.C. 43. This apart, the show cause, which Public Prosecutor may file, has to be in writing. (MANU/SC/0517/1981 : AIR 1981 SC 746), observed that the question, which arises is whether the right to life is limited only to protection of limb or faculty or does it go further and embraces something more. This shows that the Legislature wants to ensure that when the restrictions, imposed on the liberty of an accused, are pitted against his right not to be deprived of his life (except as may be provided by law), such restrictions do not drive a person to death or cause such damage to his well being that he suffers irreparably. 78. This Court pointed out, in Anurag Baitha's case (supra), that Article 21 does not stop short at the end of the trial, but continues to extend its protective shield even on the post-conviction stage. Judicial pronouncements should be judicial in nature and should not normally depart from sobriety, moderation and reserve. In this emotional ritual, father places the right hand of the daughter on the right hand of the groom and the mother pours holy water on the palms of bride and the groom. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 1277 OF 2014 (@SPECIAL LEAVE PETITION (CRL.) Since an appeal may be against conviction and sentence or against the sentence alone, sub-section (1) of Section 389 Cr.P.C. The relevant observations, made with regard to the above position of law, in the case of Gomti (supra), read as follows:--. 33. Thus, if the convicted person is an under trial prisoner, trial Court would have no jurisdiction to suspend sentence irrespective of the quantum of sentence. In N.I.A. For instance, if a convict is sentenced to imprisonment, simple or rigorous, for a period of one year and he is allowed to go on bail without suspending his sentence and if he remains on bail for a period of one year, his sentence of imprisonment would be over, though he may not have, in actual terms, served the sentence of imprisonment. 41. 28. There is thus no option but to hold that the issue of delay occasioned by the High Court's own inability to hear the substantive appeals expeditiously enters directly and materially for consideration in the grant of bail to the convicts. Would it not be an affront to his sense of justice? requires recording of reasons before suspending sentence. 12.5. e. Notwithstanding the fact that a prisoner's application for suspension of sentence and his consequent release on bail cannot be allowed on merit or has been rejected on merit, the Appellate Court still retains the power to suspend sentence for such period as the Court may consider imperative, particularly, when the Court finds that such suspension of sentence would make the right to life, guaranteed by Article 21, meaningful. This right to live which is comprehended within the broad connotation of the right to life can concededly be abridged according to procedure established by law and therefore when a person is lawfully imprisoned, this right to live is bound to suffer attenuation to the extent to which it is incapable of enjoyment by reason of incarceration. This sub-section confers power not only to suspend the execution of sentence and to grant bail but also to suspend the operation of the order appealed against which means the order of conviction. 95. Such a recourse must be taken only when pressing circumstances are shown to exist and when the Court is of the opinion that … During pendency of the appeal, the presumption of innocence in favour of the accused is not weakened by the fact that he has been convicted by the trial Court. Administrator, Union Territory of Delhi and Ors. Indispensable requirement before sentence is suspended is that the Court must assign reason, in writing, for suspending execution of sentence. Article 134(1)(b) cannot be construed to widen the existing restricted power of a High Court to withdraw for trial cases from lower courts to itself. 22. Such a construction of power would, in the light of the decision in Savitri (supra), advance the object of Section 125 Cr.P.C. (2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law. Consequently, this Court concluded, in Anurag Baitha (supra), that there is, thus, no option but to hold that the issue of delay, occasioned by the High Court's own inability to hear the substantive appeals expeditiously, enters directly and materially for consideration in the grant of bail to the convicts and this factor is independent or de hors the individual merits, of each case. 94. It was, thus, contented, in Pamapathy (supra), that if the Legislature intended to confer, on the appellate court, under Section 426 Cr.P.C., the power to cancel bail of an appellant and re-commit the appellant to jail custody, it would have been very easy for the Legislature to add an appropriate sub-section to Section 426 and make express provision for such a power and, hence, in the absence thereof, it would not be permissible to take recourse to the inherent power of the High Court as contained in Section 561A clothing the appellate court with power to cancel bail in a case falling under Section 426 Cr.P.C.

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