Punjab Beverages Pvt. Ltd., Chandigarh vs Suresh Chand And Anr on 21 February, 1978
The above dictum has been noted with approval by the Supreme Court in Punjab Beverages case : (AIR 1978 SC 995). We must therefore construe Section 389(3) not in isolation but in the light of the other relevant provisions of the Code. A reference in this connection to Section 415 of the Code is relevant and necessary. Sub-section (3) of Section 415 contains an express provision conferring on the High Court power to suspend the sentence for the period mentioned therein, if the High Court is satisfied that the person sentenced intends to present a petition under Article 136 before the Supreme Court. This power is different and distinct from the power vested in the High Court under Section 389(3) and Section 415( 1) and (2). Section 415(1) as in the case of Section 389(3), covers the case where the accused person has a right of appeal whereas Sub-section (2) of Section 415 is mean to be availed of by an accused person who presents a petition before the High Court for a certificate to file an appeal before the Supreme Court or who has already obtained a certificate to file an appeal before the Supreme Court.