389.Suspension of sentence pending the appeal; release of appellant on bail
XXIX AppealsVerified
(1) any by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the or order ed against be suspended and, also, if he is in confinement, that he be d on , or on his own bond.[Provided that the Appellate Court shall, before releasing on 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 :Provided further that in cases where a convicted person is d on it shall be open to the Public Prosecutor to file an application for the cancellation of the .] [Added by Act 25 of 2005, Section 33 (w.e.f. 23-6-2006).]
(2)The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an 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 , the Court shall, -(i)where such person, being on , is d to imprisonment for a term not exceeding three years; or(ii)where the offence of which such person has been convicted is able one, and he is on , order that the convicted person be d on , unless there are special reasons for refusing , for such period as will afford sufficient time to present the and obtain the orders of the Appellate Court under sub-section (1); and the of imprisonment shall, so long as he is so d on , be deemed to be suspended.
(4)When the is ultimately d to imprisonment for a term or to imprisonment for life, the time during which he is so d shall be excluded in computing the term for which he is so d.
