The High Court has a discretion to appoint an advocate to espouse the cause of the appellant when the advocate appointed by the appellant refuses to argue the appeal on unreasonable grounds. Suspension of sentence pending the appeal; release of appellant on bail – (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond. Under no circumstances, the bail granted to an accused under sub-section 1 of Section 389 can be cancelled without giving a reasonable opportunity to the accused of being heard. Unfortunately, the High Court, without even giving an opportunity of being heard to the appellant-accused on the issue of cancellation of bail, has straight away proceeded to cancel the bail granted to him. For the default of the advocate appointed by the accused, the Appellate Court cannot penalize the accused by proceeding to cancel his bail only on the ground that his advocate has sought adjournment and that also without giving an opportunity Criminal Appeal @ SLP(Crl.
We make it clear that if the appellant applies for adjournment on any unreasonable or unwarranted ground, it will be always open for the High Court to proceed with the appeal by taking recourse to one of the options laid down in the case of Bani Singh.
Case Title: PURUSHOTHAMAN Vs. STATE OF TAMIL NADU
Case Number: Crl.A. No.-003341-003341 / 2023
