CrPC Section-389 - Suspension of sentence pending the appeal; release of appellant on bail
Description
- "Pending any appeal by a convicted person, the Appellate Court may, for reasons recorded in writing, order the suspension of the execution of the sentence or order appealed against. If the person is in confinement, the Court may also order their release on bail or on their own bond.
- However, before releasing a convicted person on bail or on their own bond, if the conviction is for an offence punishable with death, life imprisonment, or a term of imprisonment of not less than ten years, the Appellate Court must give the Public Prosecutor an opportunity to show cause in writing against such release.
- Furthermore, if a convicted person is released on bail, the Public Prosecutor may file an application to cancel the bail.
- The power granted by this section may also be exercised by the High Court in the case of an appeal by a convicted person to a Court subordinate to it.
- Where the convicted person indicates to the Court that they intend to appeal, the Court shall:
- Release the convicted person on bail if the sentence is for a term not exceeding three years, or
- Release the convicted person on bail if the offence is bailable, and they are already on bail,
- unless there are special reasons for refusing bail. This release shall be for a period sufficient to allow the appeal to be filed and the Appellate Court's orders to be obtained. During this period, the sentence of imprisonment will be considered suspended.
- If the appellant is eventually sentenced to imprisonment, the time they were on bail shall not count toward their sentence term."
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