Suspension of sentence pending the appeal; release of appellant on bail
AI Assist
Summary
Appellate courts may suspend execution of a sentence while an appeal is pending and may release the convicted person on bail or bond. For offences punishable with death, life, or ten years or more, the court must give the Public Prosecutor a written opportunity to show cause before granting release; the Prosecutor may later move to cancel bail. Trial courts can also grant short bail to allow filing an appeal in certain cases; the sentence is suspended while the person is released and any later imprisonment excludes that release period.
Example
Priya is convicted and sentenced to 12 years and files an appeal. The Appellate Court may suspend the sentence and release her on bail, but must first give the Public Prosecutor a written chance to oppose; the Prosecutor can later apply to cancel the bail.
Bare Act
Enacted 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 an Appellate Court may be exercised also by the High Court in the case of an appeal by 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.
Previous year papers
Pick your exam. we'll email the most recent paper.