State the procedure relating to suspension of sentence and release of the appellant pending the appeal?

Question: State the procedure relating to suspension of sentence and release of the appellant pending the appeal?

Find the answer only on Legal Bites. [State the procedure relating to suspension of sentence and release of the appellant pending the appeal?]

Answer

Section 389 in the Code of Criminal Procedure, 1973 lays down the complete provision regarding Suspension of sentence pending the appeal and release of the appellant on bail. The section runs down as below:

As per sub-section (1), if a convicted person has filed an appeal, during the pendency of the appeal, 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.

The power conferred by section 389 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. [Sub-section (2)]

Moreover, the sub-section (3) states that where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,-

• where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
• 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.

---

Important Mains/Long Questions for Judiciary, APO & University Exams

1. CRPC Mains Questions Series Part I: Important Questions
2. CRPC Mains Questions Series Part II: Important Questions
3. CRPC Mains Questions Series Part III: Important Questions
4. CRPC Mains Questions Series Part IV: Important Questions
5. CRPC Mains Questions Series Part V: Important Questions
6. CRPC Mains Questions Series Part VI: Important Questions
7. CRPC Mains Questions Series Part VII: Important Questions
8. CRPC Mains Questions Series Part VIII: Important Questions
9. CRPC Mains Questions Series Part IX: Important Questions
10. CRPC Mains Questions Series Part X: Important Questions
11. CRPC Mains Questions Series Part XI: Important Questions