Code of Criminal Procedure, 1973 – s.389 – Suspension of sentence pending appeal – FIR registered on the basis of a complaint filed by one alleging that the appellant-former Minister in the State of Jharkhand and another Minister, while holding the responsible public office of a Minister in the State, misused his official position and indulged in extended acts of criminal misconduct thereby amassing assets grossly disproportionate to his known sources of income – Investigation assigned to CBI and thereafter chargesheet filed – Appellant held guilty for offences punishable u/s.120B r/w s.13(1)(d) of the PC Act, s.13(2) r/w s.13(1)(d) of the PC Act and s.120B r/w s.93 IPC and was sentenced accordingly – Appeal against the conviction pending consideration before the High Court – High Court rejected the appellant’s application for suspension of sentence and grant of bail during pendency of the appeal – Correctness: Held: Perusal of the material available on record indicate that two split charge-sheets were filed against the appellant, leading to the institution of two cases – Many of the allegations in the present case and the earlier case appear to be overlapping – In the previous case, the appellant had remained in custody for more than 4 years, whereafter, this Court suspended the sentences awarded to the appellant and released him on bail – Fervent contention raised on behalf of the appellant that two separate prosecutions were impermissible because the allegations in both the cases are overlapping – This aspect of the case would have to be gone into by the High Court while deciding the pending appeals – However, the fact remains that the appellant has undergone custodial incarceration of more than 10 months in the instant case as well – Sentence awarded to the appellant in the other case involving allegations of acquisition of disproportionate assets, having been suspended by this Court, bail granted to the appellant in the present case also – Appellant to be released on bail by suspending the substantive sentence of imprisonment awarded by the trial court, subject to the condition imposed – Impugned order set aside. [Paras 19-23]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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