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Explained: Bail After Conviction Section 389 CrPc

Section 389 of the CRPC basically talks about the bail which is given to the accused after his conviction so it states that:

  1. If the lower court passed the order of conviction against such accused person & against such order of conviction if the accused prefer an appeal in an appellate court, then in such cases appellate court can suspend the sentence against which such appeal was made by the accused till the time appeal is disposed off or if the accused is in the custody, then in such cases appellate court can order such person to be released on bail or on his own bond and it is mandatory for the court to provide a chance to the public prosecutor so that he can present his views in writing against such release of accused on bail in the cases where the accused is convicted with life imprisonment, imprisonment more than ten years or with death before granting bail to the accused also its upon the discretion of the appellate court that whether it will provide a bail or not to the accused.

    For example, if Mr. Rohan was convicted by the lower court and against such conviction Mr. Rohan went for an appeal in the appellate court then in such cases till the time of pending appeal or till the time such appeal is disposed of the court may suspend the sentence of Mr. Rohan.

    If the public prosecutor is not satisfied with the orders of the appellate court, then in such cases the public prosecutor can file an application regarding the cancellation of the bail in that court only by which the accused person was granted bail.
  2. Here the high court will also exercise the powers of the appellate court if there is a situation where a court subordinate to a high court has convicted a person then in such case the accused person can move to the high court for appeal against such conviction and the high court will exercise the powers as the appellate court.
  3. If the accused satisfies the trial court i.e.; the court which ordered his conviction that he wants to prefer appeal then in such cases if such accused person being on bail is sentenced for the term not exceeding three years or if such accused person being on bail is convicted of a bailable offence then in such cases such trial court can order that the accused should be released on bail and the term of such sentence will also be suspended till the time appeal is made in the appellate court by such accused person.
  4. In case if the appellant is punished with some term of imprisonment then in such cases till the time for which he was released on bail will be excluded while giving him such punishment.


    Award Winning Article Is Written By: Mr.Rakchit Mishra
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    Authentication No: MA114207801600-22-0522

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