Full Judgment Text
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CASE NO.:
Appeal (crl.) 685 of 2006
PETITIONER:
Mayuram Subramanian Srinivasan
RESPONDENT:
C.B.I.
DATE OF JUDGMENT: 16/06/2006
BENCH:
Altamas Kabir
JUDGMENT:
J U D G M E N T
With
Crl. Appeal No. 687 of 2006
Crl. Appeal No. 688 of 2006
ALTAMAS KABIR,J.
I have had the privilege of going through the judgment
prepared by my learned brother and I fully agree with the
reasoning and the ultimate decision rendered therein. I
would, however, like to dilate on one of the points urged by
Ms. Jaiswal, which has been briefly touched upon in the
judgment.
It has been submitted that the statutory provisions of
Section 389 (3) Cr.P.C., has an overriding effect over the
Supreme Court Rules and hence once bail has been granted
to a convicted person by the trial court, this Court cannot
insist that he should surrender to the sentence in terms of
Rule 13A before his appeal can be registered.
While such a submission is attractive, it does not
stand scrutiny for the simple reason that Sub-section (3)
of Section 389, Cr.P.C. empowers the trial court to release
a convicted person on bail for such period as will afford
him sufficient time to present an appeal and obtain orders
of the Appellate Court under Sub-section (1) , namely,
release on bail, and it is only for such period that the
sentence of imprisonment shall be deemed to be suspended.
The basic fallacy of Ms. Jaiswal’s submission is that it
overlooks the question that grant of bail in the appeal
presupposes surrender by the convicted person .
The provisions of Section 389 Cr.P.C. and that of the
Supreme Court Rules, 1966, are independent provisions
and will have to be considered on their own standing.
The appeals can, therefore, be posted only after the
appellants surrender and proof of surrender is filed.