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
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
respondents Nos.1 and 2, respectively.
2. The present application under Section 389 of the
Code of Criminal Procedure, 1973 ("the Code ... with Section 149 of the IPC, or not, is not at
issue before us at the stage of deciding an
application under Section 389
pending to
seek for suspension of sentence within the meaning of Section 389 of
Cr.P.C. or any other provisions available to the petitioner ... power can be exercised by the
High Court under sub- section 2 of Section 389 . Therefore, under both
circumstances, i.e., at the time
procedure for consideration of bail under Section 439, which
is pre conviction stage and Section 389 Code of Criminal
Procedure, which is post-conviction stage ... grant of bail under Section
439 CrPC in case of pre-trial arrest and suspension of sentence
under Section 389 CrPC and grant of bail
report highlighted the following distinctions in the
sub-sections of Section 389 CrPC which may be usefully reproduced:
"(A) Difference between Section 389 ... what is suspended is the execution of the
sentence. Sub-section (1) of Section 389 says that pending any appeal
by a convicted person
terms
of Section 374 of the CrPC could be and in likewise manner, the
prayer for bail is entertainable under Section 389(1) CrPC ... parameter of Sub- Section-3 of the Section 389 CrPC. Under
the garb of aforesaid submission having been at the end of
learned senior counsel
dated 26.06.2015. Subsequently on 01.08.2015 the petitioner filed an application under Section 389(1) of the Code of Criminal Procedure for suspending the sentence/conviction ... similar to the one under Sections 357 or 360 or the Code? Obviously, the order referred to in Section 389(1) must be an order
JUSTICE J.B.PARDIWALA)
1. As all the captioned applications under Section 389 of the
Code of Criminal Procedure, 1973, for suspension of the
substantive ... 1314/2018 JUDGEMENT
16. Section 426 Cr.P.C. as it existed prior to amendments in
the form of Section 389 Cr.P.C., (which
