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CASE NO.: Appeal (crl.)  685 of 2006

PETITIONER: Mayuram Subramanian Srinivasan           

RESPONDENT: C.B.I.                                                  

DATE OF JUDGMENT: 16/06/2006

BENCH: Altamas Kabir

JUDGMENT: J U D G M E N T With  

Crl. Appeal No. 687 of 2006 Crl. Appeal No. 688 of 2006

ALTAMAS KABIR,J.                  I have had the privilege of going through the judgment  prepared by my  learned  brother  and  I fully agree with the  reasoning and the ultimate decision rendered therein.  I  would, however, like to dilate on one of the points urged by  Ms. Jaiswal, which has been briefly touched upon in the  judgment.         It has been submitted that the statutory provisions of   Section 389 (3) Cr.P.C.,  has  an overriding  effect over the  Supreme Court Rules and hence once bail has been granted  to a convicted person by the trial court, this Court cannot  insist that  he should surrender to the sentence in terms of   Rule 13A before his appeal can be registered.         While such a submission is attractive, it does not  stand  scrutiny for the simple reason that  Sub-section (3)  of Section 389, Cr.P.C.  empowers the trial court to release  a  convicted person on bail for such period as will afford  him sufficient time to present an appeal and obtain  orders  of the Appellate Court under Sub-section (1) , namely,   release  on bail, and it is only for such  period that the   sentence of imprisonment shall be deemed to be suspended.         The basic fallacy of Ms. Jaiswal’s  submission is that it  overlooks  the question that   grant of bail in the appeal   presupposes  surrender by  the convicted person .         The provisions of Section 389 Cr.P.C. and that of the  Supreme Court Rules, 1966,  are independent  provisions   and will have to be considered on their own standing.         The appeals can, therefore, be posted only after the  appellants surrender and proof of surrender is filed.