Code of Criminal Procedure, 1973–Sec. 389–Penal Code, 1860–Secs. 407 & 120-B–Lower Court declined to suspend the sentence on the ground that the accused was denied bail during the trial–Whether the reason given is justified ?–Held, no–A reason which reduces the provision of law to nullity can never be accepted–Appellate Court was to consider the merits of the case and should have considered the fact whether it would be possible to hear the appeal within the period of the sentence or not–Order set aside and
sentence suspended.
