LexKANAKA REKHA NAIK versus MANOJ KUMAR PRADHAN & ANR.
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[2011) 1 S.C.R. 842 A• KANAKA REKHA NAIK >- ~ v. MANOJ KUMAR PRADHAN & ANR. B (Criminal Appeal No.225 of 2011) JANUARY 25, 2011 [B. SUDERSHAN REDDY AblD SURINDER SINGH NIJJAR, JJ.] c Code of Criminal Procedure, 1973: s.389 - Suspension of sentence pending appeal - Respondent, a sitting ML.A. convicted ulss. 147, 326 r.w. s. 149 JPC and sentenced to seven years rigorous imprisonment D - Appeal filed by respondent alongwith another convict befo_re High Court - High Court granting bail to him on the ground y , that he was a sitting M.L.A. - Held: High Court ought to have considered serious nature of allegations, the findings recorded by trial court and alleged involvement of respondent in more E than one case for deciding as to whether it was a fit case for suspending the sentence awarded by trial court and his release on bail during pendency of appeal - The High Court was mainly impressed by the fact that respondent was a sitting - M.L.A. - High Court did not rec.ord even a si1:1gle reason F confining the relief of releasing on bail only to the respondent through there was another convict who had preferred appeal challenging the judgment of trial court - Law does not make any distinction between representatives of the people and others, accused of criminal offences - Neither they can claim G any privilege nor can it be granted by any court - Law treats all equally - The order of High Court is set aside and matter T remitted to it for afresh consideration - Penal Code, 1860 - SS. 147, 326 r. W. S. 149. s.482 - Scope of, while hearing the applications seeking H 842 ' KANAKA REKHA NAIK v. MANOJ KUMAR PRADHAN 843 .. &ANR. suspension of sentence filed by the convicted person - Held: A ,_ ~ High Court in exercise of its power u/s.482 can always pass order and may hear even an intervener while considering the application seeking suspension of the sentence pending the appeal. The respondent was a sitting M.L.A. He was convicted under Sections 147, 326 read with Section 149, IPC · and sentenced to seven· years rigorous "* imprisonment. The respondent along with another 8 ·convict filed appeal in the High Court against the C conviction and sentence passed by the trial court. The appeal was taken up for admission by the High Court and on the same day, the High Court granted bail to the respondent holding that he was a sitting M.L.A. In the instant appeal, it was contended· for the D ........ appellant that the High Court committed serious error in directing the release of the respondent convicted for the offences punishable under Sections 147, 326 read with Section 149, IPC. purely on the ground that he was a sitting M.L.A.; that the findings recorded by the trial court E / against the convict were very serious in nature and the - High Court failed to ~ke into consideration the fact that ......,_ the respondent was involved in more than one such similar cases and being an influential person, there was every likelihood of his tampering with the evidence in F - those cases pending against him. On the other hand, it was contended. for the respondent that the appellant had no right to challenge the order directing the release of the respondent on bail. Allowing the appeal and remitting the matter to the G High Court, the Court HELD: 1. The High Court in exercise of its power under Section 482 Cr.P.C. can alway_s__pass order and may hear even an intervener while considering the H 844 SUPREME COURT REPORTS [2011) 1 S.C.R. A application seeking suspension of the sentence pending the appeal. It is for the High Court to decide as to the ~ ~ circumstances and the person who could be permitted to intervene while hearing the applications seeking suspension of sentence filed by the convicted person. B [Para 11] [850-F-G] 2. It is true that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be ~ considered by the appellate court liberally unless there C are exceptional circumstances. But if for any reason, the sentence of a limited duration cannot be suspended, every en'deavour should be made to dispose of the appeal on merits more so when a motion for expeditious hearing of the appeal is made in such cases. Otherwise, D the very valuable right of appeal would be an exercise in- . futility by efflux of time. But, suspension of sentence, ~ pending an
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