ANGANA & ANR. versus STATE OF RAJASTHAN

Citation: [2009] 1 S.C.R. 941 · Decided: 06-02-2009 · Supreme Court of India · Bench: TARUN CHATTERJEE, H.L. DATTU · Disposal: Disposed off
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Judgment (excerpt)

[2009] 1 S.C.R. 941 
."-'f 
ANGANA & ANR. 
A 
v. 
STATE OF RAJASTHAN 
(Criminal Appeal No. 221 of 2009) 
FEBRAURY 6, 2009 
B 
[TARUN CHATTERJEE AND H.L. DATTU, JJ.] 
Code of Criminal Procedure, 1973: 
s.389- Suspension of sentence and grant of bail pending c 
appeal -
Conviction u/s. 326134 /PC - High Court while 
admitting appeal, rejecting prayer for suspension of sentence 
and bail pending appeal - Held: When an appeal is preferred 
against conviction in High Court, Court has ample power and 
discretion to suspend the sentence, but that discretion has to D 
-+ 
be exercised judiciously depending on the facts and 
circumstances of each case - In the instant case, the convicts 
were on bail pending trial - Most of their co-accused were 
acquitted - When the convicts were on bail, they did not 
commit any offence - Nor were they responsible for E 
prolonging the proceedings - High Court could have 
suspended the sentence and granted them bail - In exercise 
of power under Article 136 of the Constitution, the sentence 
is suspended and convicts are directed to be released on bail 
;... 
- Constitution of India, 1950 - Article 136 - Bail. 
F 
Takhat Singh and Others vs. State of M.P., (2001) 10 
SCC 463; Bhagwan Rama Shinde Gosai vs. State of Gujarat 
(1999) 4 SCC 421 and Suresh Kumar and Others vs. State 
(NCT of Delhi) (2001) 10 sec 338, relied on. 
G 
Kashmira Singh vs. State of Punjab (1997) 4 SCC 291; 
~ 
Babu Singh vs. State of UP., 1978 (1) SCC 579; Kishori Lal 
vs. Rupa and Others, (2004) 7 SCC 638, Vasant Tukaram 
Pawar vs. State of Maharashtra, (2005) 5 SCC 281; Gomti 
941 
H 
942 
SUPREME COURT REPORTS 
[2009] 1 S.C.R. 
A 
VS. Thakurdas and Others, (2007) 11 sec 160 and Sidharth 
)"'-<=
Vashisht@ Manu Sharma vs. The State (N.C. T. of Delhi) 
(2008) 5 sec 230, referred to. 
Emperor vs. H.L. Hutchinson AIR 1931 All 356, referred 
B to. 
Case Law Reference: 
(2001) 1 o sec 463 
relied on 
para 11 
(1997) 4 sec 291 
referred to 
para 13 
c 
1978 (1) sec 579 
referred to 
para 14 
AIR 1931 All 356 
referred to 
para 15 
(1999) 4 sec 421 
relied on 
para 16 
D 
(2001) 1 o sec 338 
relied on 
para 17 
(2004) 1 sec 638 
referred to 
para 20 
(2005) 5 sec 281 
referred to 
para 20 
E 
(2007) 11 sec 160 
referred to 
para 20 
(2oos) 5 sec 230 
referred to 
para 20 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal 
No. 221 of 2009. 
...l 
F 
From the interim Order dated 22.8.2008 of the High Court 
of Judicature for Rajasthan, Jaipur Bench, Jaipur in S.B. 
Criminal Misc. Bail (SOS) Application No. 781 of 2008 in 
S.B.Criminal Appeal No. 758 of 2008. 
G 
H.D. Thanvi, Archana Tiwari, A.V. Kotemath and Pratibha 
Jain for the Appellants. 
i 
Dr. Manish Singhvi, A.A.G. and Milind Kumar for the 
Respondent. 
H 
ANGANA & ANR. v. STATE OF RAJASTHAN 
943 
The following Order of the Court was delivered: 
A 
ORDER 
(1) Leave granted. 
(2) This appeal is directed against the order passed by B 
the High Court of Judicature for Rajasthan, Bench at Jaipur, in 
S.B. Cr. Misc. (SOS) Application No. 781/2008 in Criminal 
Appeal No. 758/2008 dated 22.8.2008. By the impugned order, 
the High Court while admitting the appeal has rejected the 
application seeking bail/suspension of sentence filed by the c 
appellant. 
(3) Facts in brief are as follows; Complainant PW/2, 
namely, Bhobal submitted a written report at police station on 
6.3.1993, stating that on 6.3.1993, complainant and other 
members were sleeping in the house when accused/appellants D 
and others who are acquitted, with the intention of stealing/ 
looting and killing, came inside the house. One Shanti heard 
some noise and started shouting. Listening to her cries other 
members came out and saw that accused/appellants and other 
were having kattas. Then accused/appellants and other started 
E 
assaulting them by gun fire and pelting stones which in turn 
caused serious injuries to complainant and other. Investigation 
was conducted and a case was registered under sections 147, 
148, 149, 323, 452 and 307 of the IPC against fourteen 
persons on 6.3.1997 and was committed to the Additional 
F 
District & Session Judge, Deeg. Accused/appellants and others 
have stated that in this case first information report of the cross-
case of this matter was lodged with the same police station 
prior to the present incident, in which death of one Samunder 
Singh has been caused. Also they argued that the first G 
information report has been lodged by the complainant falsely 
to be saved
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