Legal provisions regarding power of suspension of sentence pending the appeal, release of appellant on bail under section 389 of the Code of Criminal Procedure, 1973.
The appellate Court has the power to suspend the conviction in certain cases. Suspension of sentence means conviction postponed or kept in abeyance during pendency of appeal.
ADVERTISEMENTS:
Section 389 of the Code of Criminal Procedure provides that:
(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.
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(2) The power conferred by this Section on an 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:
ADVERTISEMENTS:
(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.
The provisions of Section 389 are not applicable to appeals to the Supreme Court.
ADVERTISEMENTS:
Appeal against conviction—Stay of conviction ordered by High Court not proper:
Where no exceptional fact was noted for stay of conviction ordered by the High Court. Supreme Court observed that keeping of such conviction in abeyance would facilitate the accused public servant to continue to hold civil post. The ramification of keeping such conviction in abeyance was not considered by the High Court while staying his conviction, as such, it was not proper.