A SANYASI Vs. STATE

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and also Sri Shiva Kumar representing Sri B. Adinarayana Rao, Central Government Standing Counsel.

(2.) This is a petition purported to have been filed under Section 389 r/w Section 482 Cr.P.C. for suspending the sentence of imprisonment imposed on the petitioner to enable him to file an appeal before Supreme Court under Article 136 of the Constitution. The learned Advocate representing Central Government has cited a Judgment of Full Bench of Kerala High Court in Mammotty and others vs. Food Inspector and others in support of his contention that where in an appeal filed against conviction, the High Court has confirmed the conviction and sentence the provision for grant of bail under sub-section (3) of Section 389 Cr.P.C. cannot be invoked. However, it appears that a Division Bench of High Court of Karnataka has taken a slightly different view in D. Subbaiah vs. The State of Karnataka and laid down that while sub-section (3) of Section 389 cannot be invoked, the provision under Section 482 Cr.P.C. can be invoked for grant of relief of suspending the sentence in appropriate circumstances.

(3.) In this case it is stated that the petitioner has been on bail through out during the trial and also during the appeal proceedings. It also appears from the record that the petitioner has remitted back the entire amount said to have been involved in irregularities which constituted the offence and subject matter of prosecution for which the petitioner has been convicted. Considering these circumstances and also considering the fact that the petitioner is said to be desirous of approaching the Supreme Court under Article 136 of the Constitution, the sentence impuged (sic. imposed) by the trial Court as modified by this Court is suspended for a period of 30 (thirty days) days on the condition that the petitioner shall execute a bond in a sum of Rs. 20,000/- (Rs. Twenty thousand only) undertaking to appear in the trial Court whenever called upon to do so. The bond shall be executed in the presence of the Registrar (Judl.) of this Court.