Section 389 CrPC: Suspension of Sentence Pending Appeal & Bail Release

1. State the Code

Section 389 of the Code of Criminal Procedure, 1973 (CrPC) deals with the suspension of sentence pending appeal and release on bail.

2. Explain it

This section allows a person convicted by a court and sentenced to imprisonment to apply for suspension of their sentence and release on bail while they appeal their conviction. The court has the power to suspend the execution of the sentence and grant bail, considering various factors like the nature of the offense, the severity of the sentence, the likelihood of the appeal succeeding, and the risk of the accused absconding.

3. Illustrate it

Imagine a person is convicted of theft and sentenced to 3 years of imprisonment. The convicted person can file an appeal against the conviction and also apply for suspension of sentence and release on bail under Section 389 CrPC. The court, after hearing both the prosecution and the defense, can decide to either suspend the sentence and release the person on bail or reject the application.

4. Common Questions and Answers

Q: Who can apply for suspension of sentence under Section 389 CrPC?

A: Any person convicted by a court and sentenced to imprisonment can apply for suspension of sentence pending appeal.

Q: What factors does the court consider when deciding on the suspension of sentence?

A: The court considers the nature of the offense, the severity of the sentence, the likelihood of the appeal succeeding, and the risk of the accused absconding.

Q: Can the court impose conditions on the release on bail?

A: Yes, the court can impose conditions on the release on bail, such as surrendering the passport, reporting to the police station regularly, etc.