Supreme Court of India
N. Ramamurthy v. State by Central Bureau of Investigation, A.C.B., Bengaluru
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What the Court ordered
In view of the above, these appeals are allowed to the extent and in the manner that the impugned orders dated 03.01.2019 and 29.01.2019 passed respectively in disposal of IA No. 1 of 2018 and IA No. 1 of 2019 in Criminal Appeal No. 2000 of 2018 by the High Court of Karnataka are set aside; and the said IA Nos. 1 of 2018 and 1 of 2019 are restored for consideration afresh.
Judgment, page 12
From the headnote
Code of Criminal Procedure, 1973: s. 389 – Suspension of sentence pending the appeal – On facts, appellant co nvicted and sentenced for the offences u/s. 120- rw ss. 409, 4 20, 468, 471, 477- IPC and s.13(2) r/w ss. 13(1)(c) and (d) of the Prevent ion of Corruption Act – Applications seeking suspension of execution of sentence – Rejected by the High Court on the ground that the sentence of imprisonment all put together comes to 45 years of rigorous imprisonment, for all proven guilt put together – On appeal, held: High Court proceeded as if the accused appellant has been ordered to undergo
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