Criminal Procedure Code, 1973
Section 389—Suspension of sentence and release of appellants on bail during pendency of appeal—Case of custodial death of the father of Unnao rape victim.—Conviction under Arms Act and various provisions of IPC—For the conviction custody in cases other than life sentence cases, the broad parameter of 50% of actual sentence undergone can be the basis for grant of bail—Though the court at this stage of suspension of sentence is required to examine if there is any infirmity in the order of the conviction that renders circumference prima facie erroneous however, evidence is not to be reassessed or reanalyzed for suspend the execution of sentence—As in caution, the detailed observation on the merits of the case is not called for at this stage, as it may prejudice the case of the parties—At this stage, keeping in mind, the pendency of cases on sentence already undergone by accused persons, it is a matter of the record that an appeal in the case was admitted, however, the court is not been able to hear it—It is also a matter of the record that the appellants did not misuse the liberty of interim bail granted to them from time to time—As per Nominal Roll, first appellant in the present case had undergone for sentence of four years eight months and seven days approximately, and second appellant has undergone four years five months and 28 days approximately and the unexpired portion is four years and nine months approximately—Appellants are admitted to the court bail subject to conditions.
[Paras 72 to 75]