TMI Blog2006 (6) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... urt Rules, 1966 (in short the 'Rules') the Criminal Appeal cannot be taken up. It is pointed out that in each case an application has been filed for staying operation of the impugned judgment and final order dated 12th April, 2006 passed by the Special Court at Bombay constituted under the Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992 (in short the 'Act') in Special Case No.4 of 1996 during the pendency of the appeal and to suspend the sentence of the appellant and the fine. Learned counsel for the appellants submitted that the appeal is under Section 10 of the Act and the learned Judge of the Special Court has suspended the substantive sentence passed against each of the accused for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release: Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail. . (2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by convicted person to a Court subordinate thereto. (3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t no certificate of High Court is required since an order for acquittal had been converted into conviction under Section 302 and life sentence had been imposed. The appeal in such a case was as a matter of right under the Enlargement Act. Similar view was taken in Chandra Mohan Tiwari and Another v. State of Madhya Pradesh ( AIR 1992 SC 891). It was held that under Section 379 of the Code which is in line with Article 134 (1((a) (b) of the Constitution, an appeal lies as of right to this Court in a case where High Court has on appeal reversed the order of acquittal and has convicted and sentence the accused either to death or imprisonment for life or imprisonment for a term of 10 years or more. An appeal under Section 10 of the Act falls ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated that unless the petitioner or the appellant as the case may be has surrendered to the sentence, the petition/the appeal shall not be registered and cannot be posted for hearing unless the Court on written application for the purpose, orders to the contrary. In both cases it is stated that where the petition/appeal is accompanied by such an application that application alone shall be posted for hearing before the Court for orders. Therefore, the position is crystal clear that the Criminal Appeal cannot be posted unless proof of surrender has been furnished by the appellant who has been convicted. It appears from the various orders which have been filed by learned counsel for the appellant, the effect of Order XXI Rule 13A has not been d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the proceedings in the Court under [article 139A]; (d) rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134; (e) rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered; (f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceedings therein; (g) rules as to the granting of bail; (h) rules as to stay of proceedings; (i) rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tium of a statute or other binding authority . Same has been accepted, approved and adopted by this Court while interpreting Article 141 of the Constitution of India, 1950 (in short the 'Constitution') which embodies the doctrine of precedents as a matter of law. The above position was highlighted in State of U.P. and another v. Synthetics and Chemicals Ltd. and another (1991) 4 SCC 139). To perpetuate an error is no heroism. To rectify it is the compulsion of the judicial conscience. The position was highlighted in Nirmal Jeet Kaur v. State of M.P. (2004 (7) SCC 558). The question was again examined in N. Bhargavan Pillai (dead) by Lrs. And Anr. v. State of Kerala (AIR 2004 SC 2317). It was observed in para 14 as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X
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