Criminal Procedure Code, 1973
Section 389—Suspension of sentence and release of appellant on bail during pendency of appeal—Consideration—Court is obliged to consider whether any cogent grounds have been disclosed and whether there is likelihood of delay in disposal of appeal—Even though a detailed examination of merits of the case may not be required for suspension of sentence but the exercise of jurisdiction is to be made in judicious manner (based on well settled principles) and for reasons to be recorded in writing—Difference between grant of bail under Section 439 CrPC during trial as well as (suspension of sentence) Section 389 CrPC after conviction is well distinguished and presumption of innocence which is provided at the time of trial does not continue after the conviction of accused—There needs to be compelling reasons for suspension of sentence and grant of bail under Section 389 of CrPC—It is to be ascertained if there is patent infirmity in order of conviction or other cogent reasons exist for release on bail.
Section 389—Suspension of sentence and release of appellant on bail during pendency of appeal—Consideration—Reasons have to be germane to justify the grounds of bail—Mere fact that during the trial accused were granted bail and there was no allegation of misuse of liberty, is not of much significance, as the accused have been found guilty on conviction—Mere fact that during trial liberty of bail was not misused may not per se warrant suspension of sentence and grant of bail—However if the convict has undergone more than half of the sentence in case of fixed term sentence and disposal of appeal is likely to take some time, the matter need to seen in the light of observations made by the Apex Court in Sonadhar v. State of Chhattisgarh, SLP (Crl.) No. 529 of 2021.
Section 389—Suspension of sentence and release of appellant on bail during pendency of appeal—Case of dowry death—Deceased committed suicide within five months of her marriage—Trial court has duly dealt with detailed contentions raised on behalf of the accused and reached the conclusion that there were demands for money and car and torturing her by giving physical beatings—Injuries caused to deceased, one to three days, prior to the date of death—Testimony of material witnesses was found reliable—Contention with reference to suicide note was also dealt in the judgment—Accused failed to probabilize his defence even by preponderance of probability—Appellate Court, at the stage of suspension of sentence and release on bail till disposal of appeal, has to examine if there is any patent infirmity in the order of conviction that renders the conviction prima facie erroneous—Evidence is not to be re-assessed or re-analyzed to suspend the execution of sentence—No grounds for suspension of sentence till disposal of appeal are made out—Application dismissed.
Decision : Application dismissed