AIR 2019 SUPREME COURT 2161 ::2019 Cri L J 2929 (SC) ::2019 Cri LJ 2929 ::AIR 2019 SC (Criminal) 1009 ::2019 (3) AKR 188 ::AIROnline 2019 SC 206 ::(2019) 2 AllCriLR 860 ::(2019) 3 Pat LJR 1 ::(2019) 75 OCR 71 ::(2019) 2 Crimes 343 ::(2019) 200 AllIndCas 224 (SC) ::(2019) 109 AllCriC 240

Supreme Court Of India

(From: Karnataka)

Hon'ble Judge(s): Abhay Manohar Sapre, Dinesh Maheshwari , JJ

Criminal P.C. (2 of 1974) , S.389— Suspension of sentence - Offences u/Ss. 120-B, 409, 420, 468, 471, 477-A of IPC and 13 (2), 13(1)(c), (d) of Prevention of Corruption Act - Trial Court sentencing accused to undergo imprisonments for each of the offences with rider to run sentences concurrently - Rejection of application to suspend sentence by High Court on ground that accused sentenced to R. I. of 45 years, though sentences were to run concurrently - And by applying principles applicable to prayer for suspension of operation of order of conviction though prayer was only for suspension of sentence, is erroneous. In the present case approach of the High Court in dealing with the applications made on behalf of the appellant under Section 389 CrPC had apparently been from a wrong angle and on two major misconceptions: One, that the High Court assumed as if the sentences awarded to the appellant for different offences are to run consecutively i.e., one after another and, while taking sum total of the sentences so awarded, the High Court has proceeded as if the accused appellant has been ordered to undergo imprisonment for a whopping 45 years. No great deal of discussion is required to say that such an assumption by the High Court had been fundamentally incorrect and the High Court, obviously, omitted to notice that the Trial Court had specifically ordered that ....