Section 389 in The Code of Criminal Procedure, 1973
389. Suspension of sentence pending the appeal; release of appellant on bail.
(1) Pending any appeal ... cancellation of the bail.] [Added by Act 25 of 2005, Section 33 (w.e.f. 23-6-2006).] (2) The power conferred by this section
Section 389 in The Indian Penal Code, 1860
389. Putting person in fear of accusation of offence, in order to commit extortion.—
Whoever, in order ... also be liable to fine; and, if the offence be punishable under section 377 of this Code, may be punished with imprisonment for life
NICOBAR ISLANDS AND LAKSHADWEEP ISLANDS (U.T.)(i) - Re-number Section 382 as sub-section (1) and after re-numbering add the following provisos ... under Section 383, exercise all or any of the powers of the proper Appellate Court under sub-section (1) of Section 389 with regard
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
suspended. The Division Bench after
referring to sub-section (1) of Section 389 of the Code
which, inter alia, provides that pending any appeal ... bond. On a plain reading of sub-section (1) of
Section 389 of the Code it becomes clear that pending an
appeal by a convicted
mentioned in Section 267 of the Companies Act, we see no
reason why we should give a narrow meaning to Section 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
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
filed a written objection in terms of the first proviso to
Section 389(1) of the Criminal Procedure Code.
We have heard Mr. Vasant Vikas ... substantive order of their
sentence, in exercise of power under Section 389 of the Code of Criminal
Procedure, 1973 (for short, ‘the CrPC
