SANTHANAPANDI Vs. STATE

JUDGEMENT

(1.) In the given case, on consideration, a learned single Judge of this Court observed, wherein the accused has been sentenced to imprisonment for ten years and less, as there is no uniform practice among the Honourable Judges of this Court to suspend the setence after conviction by a competent Court, if appeal is pending for two years and to ensure uniformity among all the Honourable Judges and to avoid conflicting orders, referred the matter to a larger Bench, to have an authoritative pronouncement by a detailed order dated 29-4-1988.

(2.) The matter was referred to a Division Bench, to which the learned single Judge was also a party, and the Division Bench observed that since there is already a judgment by the Division Bench, the matter may be placed before the Hon'ble the Chief Justice to constitute a Full Bench to settle the question referred to by the learned single Judge. As such, as per the orders of the Hon'ble the Chief Justice the matter has been placed before us.

(3.) As culled out, the question referred to our reference is whether an accused convicted for an offence and sentenced to ten years imprisonment and less, can be granted bail, as a matter of course, if the appeal is pending for two years.