Code of Criminal Procedure, 1973 · Chapter XXIX: Appeals
Section 389: Suspension of sentence pending the appeal; release of appellant on bail
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
Pending an appeal by a convicted person, the appellate court can, recording reasons, suspend the sentence and release them on bail or their own bond. For offences punishable with death, imprisonment for life or ten years or more, the Public Prosecutor must first be given a chance to object in writing, and can later apply to cancel bail.
- The High Court can exercise this power in appeals to subordinate courts.
- A convict who was on bail and is sentenced to up to three years, or convicted of a bailable offence, must be given bail by the trial court to file an appeal, unless there are special reasons, and the sentence is treated as suspended meanwhile.
- Time on such bail does not count towards the sentence.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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: [Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:
Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.]
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 389
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Jamnalal v. State of Rajasthan and Another
In the instant appeal, the father of the prosecutrix challenges the order of the High Court. By the said order, the sentence imposed on respondent no.2 herein was suspended till the final disposal of the appeal. Whether…
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Aasif @ Pasha v. The State of U.P. & Ors.
Issue arose as to the correctness of the order passed by the High Court by which it declined to suspend the substantive order of sentence passed by the trial court against the appellant.
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Sudershan Singh Wazir v. State (NCT of Delhi) & Ors.
Issue arose as regards the correctness of orders passed by the High Court staying the discharge of the accused and directing him to surrender before the trial court.
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Muskan Enterprises & Anr. v. The State of Punjab & Anr.
Issue arose whether the High Court was justified in dismissing the subsequent petition u/s.482, Cr. PC on the ground that since the earlier petition had been withdrawn without liberty obtained to apply afresh, the…
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Central Bureau of Investigation v. Ashok Sirpal
Matter pertains to the challenge to the order passed by the High Court suspending the sentence of imprisonment and the fine imposed on the accused who was convicted for embezzlement of Rs. 46 lakhs.
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Bijay Agarwal v. M/s Medilines
Whether the signatory of a cheque authorized by the Company is a drawer and whether such a signatory could be directed to deposit any sum out of the fine or compensation awarded by the trial Court u/s.148 of the…
- Rajesh Khanna v. M/S Olam Agro India Ltd
- Rajesh Khanna v. M/S Olam Agro India Ltd
- Ajay Tyagi v. Anheuser Busch Inbev India Ltd
- Ajay Tyagi v. Anheuser Busch Inbev India Ltd
- Ajay Tyagi v. Anheuser Busch Inbev India Ltd
- Ajay Tyagi v. Anheuser Busch Inbev India Ltd
- Geeta Arora @ Sonu Punjaban v. The State (Nct) of Delhi
- Kashyap Srivastava v. Sunil Kumar
- Banarsi Lal@ Gobra v. State of NCT of Delhi
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Shivani Tyagi v. State of U.P. & Anr.
Matter pertains to suspension of sentence of life imprisonment of the convicted persons, and their consequential enlargement on bail, in an acid attack case.
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Satender Kumar Antil v. Central Bureau of Investigation and Anr.
The Amicus submitted report dated 10.02.2024 indicating the directions that have been complied with by the parties in terms of the judgment passed by the Supreme Court in Satender Kumar Antil**. On basis of the said…
- Ram Bahadur v. State (Nct of Delhi)
- Rajesh Jain v. The State of NCT of Delhi and Anr
- Geeta Monga v. Gng Stock Holding Pvt. Ltd Throught Its Managing Director Sh. Sumit Gupta
- Puneet Saluja v. State & Anr
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Afjal Ansari v. State of UP
What are the parameters to be considered for the suspension of conviction u/s. 389(1) CrPC; whether the appellant has made out a prima facie case for the suspension of conviction u/s. 389(1) CrPC; and whether conviction…
- Bimalendu Ghosh Dastidar v. State & Ors
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Purushothaman v. State of Tamil Nadu
When the sentence of accused is suspended on appeal and he is released on bail, whether the High Court can cancel the bail without giving a reasonable opportunity, t o the accused of being heard.
- Harendra Rai v. The State of Bihar & Ors.
- Janak Raj v. Union of India and Ors
- Omprakash Sahni v. Jai Shankar Chaudhary &
- Gulshan Arora & Anr v. State of NCT of Delhi & Anr
- Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Jeetu Khatik v. State of Chhattisgarh
- Ali Ahmad v. The State of Bihar & Anr.
- Shakuntala Shukla v. State of Uttar Pradesh and Another
- Somesh Chaurasia v. State of M.P. & Anr.
- The State (Gnct of Delhi) Narcotics Control Bureau v. Lokesh Chadha
- Saritha S. Nair v. Hibi Eden
- Preet Pal Singh v. The State of Uttar Pradesh & Anr.
- Shri Satish Kumar & Anr. v. The State of Himachal Pradesh & Anr.
- Surinder Singh Deswal @ Col. S. S. Deswal & Ors. v. Virender Gandhi & Anr.
- Surinder Singh Deswal @ Col. S.S. Deswal and Others v. Virender Gandhi
- N. Ramamurthy v. State by Central Bureau of Investigation, A.C.B., Bengaluru
- State of Punjab v. Rakesh Kumar
- Lok Prahari, Through Its General Secretary S.N. Shukla v. Election Commission of India & Ors.
- Satyendra Kumar Mehra @ Satendera Kumar Mehra v. The State of Jharkhand
- Vivek Rai & Anr. v. High Court of Jharkhand Through Registrar General & Ors.
- Atul Tripathi v. State of Up. & Anr.
- Shyam Narain Pandey v. State of U.P.
- Govt. of A.P. & Anr. v. B. Jagjeevan Rao
- Lily Thomas v. Union of India & Ors.
- Krishnan & Ors. v. State of Haryana & Ors.
- Vidya Dhar & Ors. v. Multi Screen Media Pvt. Ltd.
- State of Maharashtra Through Cbi, Anti Corruption Branch, Mumbai v. Balakrishna Dattatrya Kumbhar
- Sanjay Dutt v. State of Maharashtra Tr. Cbi, Bombay
- Anilari v. State of West Bengal
- Angana & Anr. v. State of Rajasthan
- Masood Ali Khan v. State of U.P. and Ors.
- Shiv Kumar v. State of N.C.T. of Delhi
- Ratan Kumar Vishwas v. State of U.P. & Anr.
- Gajraj Yadav v. Rajendra Singh @ Deena & Ors.
- Central Bureau of Investigation, New Delhi v. M.N. Sharma
- State of Punjab v. Navraj Singh
- Sidhartha Vashisht @ Manu Sharma v. State (Nct of Delhi)
- State of Maharashtra v. Madhukar Wamanrao Smarth
- State of Punjab v. Deepak Mattu
- Gomti v. Thakurdas and Ors.
- Lalsai Khunte v. Nirmal Sinha and Ors.
- Navjot Singh Sidhu v. State of Punjab and Anr.
- Mayuram Subramanian Srinivasan v. CBI
- M.C.D. v. State of Delhi and Anr.
- Vasant Tukaram Pawar v. State of Maharashtra
- K. Prabhakaran v. P. Jayarajan
- Kishori Lal v. Rupa and Ors.
- State of Haryana v. Hasmat
- B.R. Kapur v. State of Tamil Nadu and Anr.
- K.C. Sareen v. C.B.I., Chandigarh
- Dadu @ Tulsidas v. State of Maharashtra
- Maktool Singh v. State of Punjab
- Union of India and Ors. v. Shri Ramesh Kumar
- State of Tamil Nadu v. A. Jaganathan
- The Deputy Director of Collegiate Education (Administration), Madras v. S. Nagoor Meera
- Ramanarang v. Ramesh Narang and Ors.
- Pushpadevi M. Jatia v. M.L. Wadhavan, Addl. Secretary Government of India & Ors.
- Smt. Poonam Lata v. M.L. Wadhawan & Ors.
- Vidya Charan Shukla v. Purshottam Lal Kaushik