Criminal Procedure Code, 1973
Section 389—Rejection of application by High Court—Appeal—Appellant was convicted under Sections 177, 406, 409, 420, 465, 467, 471 read with Section 3 of the MPID Act and sentenced to undergo rigorous imprisonment concurrently for such offences with maximum period of imprisonment of ten years—Submission that insofar as other co-accused are concerned, the High Court has exercised its jurisdiction under Section 389 of the CrPC and has granted suspension of sentence even when the sentence was of life imprisonment for the similar offences—Appellant has been imposed sentence of ten years only but the High has declined to suspend the sentence—It is also brought to the notice that the present court has granted interim bail to the appellant owing to his serious medical condition—In the circumstances, the said facts may be taken into consideration for the purpose of allowing the application seeking suspension of sentence and grant of bail pending consideration of his criminal appeal by the High Court—Considering the circumstances on record, the appellant is entitled to the relief claimed under Section 389 of CrPC—Order passed by High Court is set aside—Appeal allowed.
[Paras 7 to 11]