Stage at which accused retaken into custody
Tashi Norbu Basi
(Querist) 31 March 2012
This query is : Resolved
Let's say an accused is on bail throughout his trial. Thereafter at what stage will he be retaken into custody? Is it after delivery of verdict of conviction or will it be after sentencing?
Sec 235(2) and Supreme Court rulings says conviction and sentencing cannot be on the same day (reason being the person will be in a state of shock and will not be able to think clearly to make submissions before sentencing). But if sentence hearing and sentencing is after some days BUT in the interim the accused is taken into custody, the above logic of Supreme Court is defeated. In fact after a night or two in jail the mental state of the person may even be worse. [Sec 389 is after sentencing and Sec 360 is moreso for probation so they arn't of any help]. I've put all this, not for anything else but to explain why I'm thoroughly confused. Please advice. Thank you.
Arvind Singh Chauhan
(Expert) 31 March 2012
Sir will you please, cite the supreme court's case law here.
Adv.R.P.Chugh
(Expert) 31 March 2012
At the time of conviction - for the simple reason that he might abscond - and not come for the judgment. The Argument as regards not being in the frame of mind so as to put submissions as regards sentence - is overtly too sensitive. Do you want him to roam free and then come for the sentence and then be taken into custody ? He won't come when he knows he is convicted.
The seperate sentence hearing is provided for individualisation of justice, where certain factors like character/antecedents/social background of the accused are taken into account - the consideration of which - would have been disastrous at the time of trial and would have biased the judge. Even if the accused is in, the advocate would still be there - to bring mitigating circumstances to the judge, so as to enable the judge to give a sentence keeping in mind both the crime and criminal.
venkatesh Rao
(Expert) 31 March 2012
The accused on being found guilty, before being sentenced, will be heard on the question of sentence. On the day of verdict before passing any sentence, the accused will be taken to custody lest he may flee from justice. 389 will come into action only on passing the order of sentence.
Shonee Kapoor
(Expert) 31 March 2012
I agree with other experts on the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 01 April 2012
Agree with S/Shri Bharat Chugh and Venkatesh Rao.
Tashi Norbu Basi
(Querist) 06 April 2012
Dear Experts,
Thank you very much for your responses. But if taking custody of the accused immediately after conviction is because he may escape then taking the reasoning a step forward, how come bail is allowed during period of appeal (appeal against conviction and against sentence). Doesn't it apply here also?
(this part does not require a reply, just something I'm pondering upon)
Once again my sincere thanks to you'll.
Shonee Kapoor
(Expert) 11 April 2012
:-)
Because when you go for appeal, the sentence is suspended till the disposal of the appeal.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
