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