K M SALIM Vs. STATE OF KERALA

JUDGEMENT

(1.) Can a sentence imposed on an accused and confirmed in appeal by the High Court be suspended when the accused intends to file an application for special leave before the Supreme Court? This is the short question that arises for determination and thus the scope of S. 389(3) of the Criminal P.C. falls for consideration.

(2.) The petitioner was convicted under S. 5(1)(d) of the Prevention of Corruption Act and S. 120-B of the Penal Code. He was sentenced to a term of imprisonment and was also directed to pay fine. He appealed to this Court without success. The conviction and sentence are confirmed. He stated that he was intending to file an application for special leave before the Supreme Court and the sentence may be suspended. Subsequently he has filed the special leave application before the Supreme Court. He, therefore, prays that the sentence be suspended till orders are issued by the Supreme Court and states that, in his present condition, after he has undergone a major operation in Jaslok Hospital, Bombay, if he is compelled to serve the sentence, his life itself may be in danger. He also prays that he may be enlarged on bail. He invokes jurisdiction under S. 482 of the Criminal P.C. also.

(3.) A learned Judge of this court made a reference to a Division Bench stating thus:-