2006 (6) TMI 500 - SC - Indian Laws

Whether there is no substance in the accused-appellant s plea relating to grant of benefit under the Probation Act? Whether Section 9(4) of Trial of Offences Relating to Transaction in Securities Act, 1992 only permits the Special Court to regulate the procedure before it. That in no way authorizes the Special Court to regulate the proceedings before this Court?

Summary

Issues:
1. Suspension of sentence pending appeal and release on bail.
2. Application of Section 389 of the Code of Criminal Procedure, 1973.
3. Requirement of surrender by the appellant.
4. Applicability of Order XXI Rule 13A of the Rules.
5. Interpretation of Section 9(4) of the Act.
6. Compliance with statutory provisions and precedent value of judgments.

Suspension of Sentence Pending Appeal and Release on Bail:
- The judgment discusses the power of the Appellate Court under Section 389 of the Code of Criminal Procedure, 1973, to suspend the sentence pending appeal and release the appellant on bail. It emphasizes the need for reasons to be recorded for such suspension and release, especially in cases involving serious offenses.

Application of Section 389 of the Code of Criminal Procedure, 1973:
- Section 389 of the Code allows the Appellate Court to suspend the sentence pending appeal and release the appellant on bail. The judgment clarifies the conditions under which this power can be exercised, particularly in cases where the appellant intends to file an appeal under specific provisions of the Constitution.

Requirement of Surrender by the Appellant:
- The judgment highlights the requirement of surrender by the appellant as per Order XXI Rule 13A of the Rules. It explains that the appeal cannot be registered unless the appellant has surrendered to the sentence, unless an exemption is granted by the Court upon a written application.

Applicability of Order XXI Rule 13A of the Rules:
- Order XXI Rule 13A mandates that the appellant must surrender to the sentence before the appeal can be registered. The judgment underscores the mandatory nature of this rule and the need for compliance unless an exemption from surrender is granted by the Court.

Interpretation of Section 9(4) of the Act:
- Section 9(4) of the Act authorizes the Special Court to regulate its procedure, but the judgment clarifies that this provision does not override the requirements of Order XXI Rule 13A. It establishes that the Special Court's powers do not extend to regulating proceedings before the higher Court.

Compliance with Statutory Provisions and Precedent Value of Judgments:
- The judgment emphasizes the importance of complying with statutory provisions, such as Order XXI Rule 13A, and highlights the consequences of not referencing applicable provisions in court decisions. It discusses the concept of "per incuriam" and the need to rectify errors to uphold judicial conscience and maintain legal precedents.