Criminal Procedure Code, 1973

— S. 389(3) — Applicability of provisions under, which empower 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 release on bail therein — Held, S. 389(3) has application when there is a right of appeal — Where prayer for grant of certificate of High Court to appeal under Art. 136 or Art. 134-A of the Constitution is made, there is no right of appeal involved — Therefore, in such cases S. 389(3) has no application — But, position is different when a case falls under Art. 134(1)(a) or Art. 134(1)(b) being covered under S. 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 — Appeal under S. 10 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, falls to the category of cases where there is right of appeal, (2006) 5 SCC 752-A

Supreme Court Rules, 1966

— Or. 21 R. 13-A — Requirement under, that the accused preferring criminal appeal before Supreme Court has to surrender prior to registration of said appeal — Nature of — Held, is mandatory in character — Said requirement has to be complied with except when an order is passed for exemption from surrendering — Criminal appeals filed under S. 10 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 without surrender of convicted appellants — Held, said appeals must be posted for hearing only after the appellants surrender and file proof in respect thereof before Supreme Court — S. 9(4) of the 1992 Act cannot do away with the requirement stipulated under Or. 21 R. 13-A — Reliance placed by appellants upon earlier orders of Supreme Court was of no consequence as those orders were passed without taking note of effect of Or. 21 R. 13-A, (2006) 5 SCC 752-B

Criminal Procedure Code, 1973

— Ss. 389(3) & (1) — Suspension of sentence pending appeal — Suspension of sentence for certain period by trial court acting under Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 — Extension of said period by Supreme Court in appeal under the said Act — Power in relation to — Exercise of, held, was discretionary but subject to mandatory provisions of Or. 21 R. 13-A of the Supreme Court Rules, 1966 (which require that the accused must first surrender or seek exemption from surrendering before his appeal can be registered) — Contention that Or. 21 R. 13-A cannot in any way affect the powers available to the trial court under S. 9(4) of the 1992 Act, not sustainable, (2006) 5 SCC 752-C

Supreme Court Rules, 1966

— Or. 21 R. 13-A — Requirement under, that the accused preferring criminal appeal before Supreme Court has to surrender prior to registration of said appeal — Contention that once bail granted by trial court in terms of S. 389(3) CrPC, Supreme Court cannot insist that the accused should surrender in terms of R. 13-A — Sustainability of — Per Altamas Kabir, J., held, said contention not sustainable as S. 389(3) CrPC empowers the trial court to release a convicted person on bail only for such period as will afford him sufficient time to present an appeal and obtain orders of the appellate court under sub-section (1) of S. 389 — Grant of bail in appeal presupposes surrender by the convicted person — Provisions of S. 389 CrPC and that of the 1966 Rules are independent provisions and will have to be considered on their own standing, (2006) 5 SCC 752-D

Precedents

Per incuriam decisions

— Binding effect of — Words ``incuria'' and per incuriam — Meaning of, explained — Held, decisions made without considering the effect of relevant mandatory provisions must be treated as rendered per incuriam having no precedential value, (2006) 5 SCC 752-E

Constitution of India

— Art. 141 — Embodies doctrine of precedents as a matter of law, (2006) 5 SCC 752-F