Order of High Court on appeal to be certified to lower Court? What is suspension of sentence pending the appeal; release of appellant on bail? Section 388 and 389 of Code of Criminal Procedure 1973

Order of High Court on appeal to be certified to lower Court and Suspension of sentence pending the appeal; release of appellant on bail are defined under Section 388 and 389 of CRPC 1973. Provisions under these sections are:

Section 388 of CRPC "Order of High Court on appeal to be certified to lower Court"

(1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate, the High Court judgment or order shall be sent through the District Magistrate.

 

 

 

 

(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are comfortable to the judgment or order of the High Court, and if necessary, the record shall be amended in accordance therewith.

 

Section 389 of CRPC "Suspension of sentence pending the appeal; release of appellant on bail"

(1) Pending any appeal by a convicted person, 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.

(2) The power conferred by this section on a 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.

(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall.--

(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or

(ii) 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.

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