JOGINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT is strange that at no level it is bothered to look to the legal provisions and in this free country of ours, people have to suffer for wrong interpretation of the orders. Bail of a convict in an appeal pre-supposes suspension of sentence. In fact, in Section 389(1), Criminal Procedure Code, it is clearly mentioned that a convicted person may be released after suspension of his sentence. That suspension operates till the disposal of the appeal. There are various departments of the government who can advise on the legal affairs. Despite that it is brought to the notice of this Court time and again that the executive authorities do not pay any heed to this legal situation nor bother to get advice in this regard and people have to suffer irrespective of his fact that their sentence stands suspended by a competent Court. This order is made to explain that the bail in an appeal as is the case bore includes suspension sentence. A copy of this order be sent to Advocate-Generals of Punjab and Haryana for doing the needful so that such futile litigation can be avoided in future.