Code
(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond:
1[Provided that the Appellate Court shall, before releasing 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 a Appellate Court may be exercised also by the High Court in the case of an appeal by a 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 appeal, the Court shall,
(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail,
order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
Explain it
This section allows a person convicted by a court and sentenced to imprisonment to apply for suspension of their sentence and release on bail while they appeal their conviction. The court has the power to suspend the execution of the sentence and grant bail, considering various factors like the nature of the offense, the severity of the sentence, the likelihood of the appeal succeeding, and the risk of the accused absconding.
Illustrate it
Imagine a person is convicted of theft and sentenced to 3 years of imprisonment. The convicted person can file an appeal against the conviction and also apply for suspension of sentence and release on bail under Section 389 CrPC. The court, after hearing both the prosecution and the defense, can decide to either suspend the sentence and release the person on bail or reject the application.
Common Questions and Answers
Q: Who can apply for suspension of sentence under Section 389 CrPC?
A: Any person convicted by a court and sentenced to imprisonment can apply for suspension of sentence pending appeal.
Q: What factors does the court consider when deciding on the suspension of sentence?
A: The court considers the nature of the offense, the severity of the sentence, the likelihood of the appeal succeeding, and the risk of the accused absconding.
Q: Can the court impose conditions on the release on bail?
A: Yes, the court can impose conditions on the release on bail, such as surrendering the passport, reporting to the police station regularly, etc.
