CrPC Section 389
Section 389 of the Code of Criminal Procedure (CrPC), 1973:
Section 389 CrPC — Suspension or modification of sentence pending appeal
Text of Section 389 CrPC:
389. (1) When an appeal is preferred from a judgment, sentence or order of a criminal court, the appellate court may, if it thinks fit, suspend the execution of the sentence or order appealed from, or may pass such other order as it thinks fit for the purpose of regulating the proceeding of the appeal.
(2) When a sentence of death or of imprisonment for life or of imprisonment for a term exceeding two years is suspended under this section, the court shall, before releasing the accused, require him to execute a bond with or without sureties, to appear and receive sentence when called upon during the pendency of the appeal.
Meaning and Key Points:
Appeal and Suspension:
When a convicted person appeals against a judgment or sentence, the appellate court has discretion to suspend the sentence while the appeal is being heard.
Suspension means temporary halt of the punishment (e.g., the accused will not be imprisoned immediately).
Other Orders:
The appellate court can also pass any other order it thinks fit to regulate the appeal process.
Bond for Release:
If the sentence suspended is:
Death sentence, or
Life imprisonment, or
Imprisonment for more than 2 years,
The court must require the accused to execute a bond (with or without sureties).
The bond ensures the accused will appear for trial when required.
Purpose:
To balance rights of the accused (not to suffer punishment before appeal is decided) with the need to secure presence at trial.
Example:
A person is convicted and sentenced to 3 years imprisonment.
They file an appeal.
The appellate court may suspend the sentence so the person is released temporarily.
But the court will require a bond to ensure the person appears when the appeal is heard.
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