PARDIWALA)
1. As all the captioned applications under Section 389 of the
Code of Criminal Procedure, 1973, for suspension of the
substantive order of sentence ... sentence.
SECTION 389 OF THE CODE AND THE LAW ON THE
SUSPENSION OF SENTENCE :
27. Section 389 of the Code of Criminal Procedure, 1973, reads
PARDIWALA)
1. As all the captioned applications under Section 389 of the
Code of Criminal Procedure, 1973, for suspension of the
substantive order of sentence ... sentence.
SECTION 389 OF THE CODE AND THE LAW ON THE
SUSPENSION OF SENTENCE :
27. Section 389 of the Code of Criminal Procedure, 1973, reads
PARDIWALA)
1. As all the captioned applications under Section 389 of the
Code of Criminal Procedure, 1973, for suspension of the
substantive order of sentence ... sentence.
SECTION 389 OF THE CODE AND THE LAW ON THE
SUSPENSION OF SENTENCE :
27. Section 389 of the Code of Criminal Procedure, 1973, reads
Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred
to as ‘ Cr.PC ’) reads as follows:
“S.389. Suspension of sentence pending ... afresh their
applications for bail, after following the procedure as per proviso to
Section 389 (1) Cr.PC as explained above, expeditiously.
The appeals
under Section 439,
which is pre conviction stage and Section 389 Code of
Criminal Procedure, which is post-conviction stage. In case
of Section ... whereas
in the case of post-conviction bail under Section 389 Code of
Criminal Procedure, where the conviction in respect of a
serious offence having
akin to the usage of
the expression used in Section 389 Cr.P.C. Section 389 (1)
Cr.P.C. deals with the power ... exercisable by the
High Court either under 389(1) or under Section 389(2) of Cr.P.C.
51. But at the same time
under Section 439, which
is pre conviction stage and Section 389 Code of Criminal
Procedure, which is post-conviction stage. In case of Section ... whereas in the case
of post-conviction bail under Section 389 Code of Criminal
Procedure, where the conviction in respect of a serious
offence having
parameter of Sub- Section-3 of the Section 389 CrPC. Under
the garb of aforesaid submission having been at the end of
learned ... circumstances, is inherent in the jurisdiction of the
Appellate Court, under Sec. 389 Cr.P.C, by the
doctrine of implied power. Such a recourse
recorded in the order granting bail.
23. The discretion under Section 389(1) Cr.P.C., is to be exercised judicially, and this court ... reasons for its conclusion and for deciding the application under section 389 (1) Cr.P.C.
27. Hon'ble Supreme Court in Preet
Paswan
(Criminal Appeal (SJ) No.2348 of 2017) to grant bail after
suspending sentence as provided under Section 389(1) CrPC ... hereinbelow:-
Section 389 in The Code Of Criminal
Procedure, 1973.
389. Suspension of sentence pending the
appeal; release of appellant on bail.
(1) Pending
