court has powers to stay the
operation of conviction under Section 389(1)
Cr.P.C. in view of the facts and the
circumstances ... case so as to
invoke the powers under Section 389(1)
Cr.P.C. to stay the operation of the
impugned order of conviction during
recommendation reads as follows:
“47. Two provisos to sub-section (1) of section 389 of the Code be
added to the effect that the Appellate ... procedure for
consideration of bail under Section 439, which is pre conviction stage and
Section 389 Cr.PC, which is post conviction stage. In case
parties on IA No.8436/20199,
first application under Section 389(1) of the Code of Procedure for
suspension of jail sentence moved on behalf ... parties on IA No.8916/2019,
first application under Section 389(1) of the Code of Procedure for
suspension of jail sentence moved on behalf
sentence was suspended. Sub-Sections (1) and (2) of Section 426 of the CrPC,
1898 are similar to Section 389 (1) of the present CrPC ... Section 561-A of the CrPC, 1898, arose because the second proviso, which, now,
has been added to sub-Section (1) of Section 389 CrPC
stated in subSection (1)
of Section 357 Cr.P.C. Crucial words used in subSection (2)
of Section ... section (1) of
Section 357 and subsection (1) of Section
357 and subsection (3) of Section 357 seek
to achieve the same purpose
4213/2014, which is an
application under section 389(1) of Cr.P.C. for
suspension of jail sentence and grant of bail ... 7390/2014, which is an
application under section 389(1) of Cr.P.C. for
suspension of jail sentence and grant of bail
type mentioned in Section 267 of the
Companies act, a narrow meaning should not be given to Section
389(1) of the Code ... exercise inherent
jurisdiction under Section 482 of the Code if the power
was not to be found in Section 389(1) of the Code
appeal. The provisions as
contained in Section 426 of the Code of 1898 and those in Section
389 of the Code of 1973 are also ... juxtaposition for ready
reference as under: -
Section 426 of the Code of 1898 Section 389 of the Code of 1973
426. Suspension of sentence 389
exercise inherent jurisdiction under
Section 482 of the Code if the power was not to be found in
Section 389(1) of the Code ... section (3) of Section 8 of the Act as he had been convicted
for an offence punishable under Sections 366 and 376 of the
Penal
appellate Court under Section 36B of the Act have been preserved. Both these Sections, i.e, Section 32A and Section 36B of the Act, thus ... granting bail, whether it is a case under Section 439 or under Section 389, Cr. P.C.
6. The resultant position is that the powers
