Key Points: - The appellate court must record reasons in writing for ordering suspension of the sentence or bail, and reasons must be germane and not routine. (!) - There is a distinction between bail and suspension of sentence; suspension under Section 389 requires careful consideration of relevant aspects. (!) - In cases involving conviction for murder (Section 302 IPC), suspension of sentence and grant of bail should be granted in only exceptional cases, requiring consideration of factors like nature of accusation, manner of crime, gravity, and desirability of releasing after conviction. (!) (!) - Merely lack of prior misuse of liberty during trial is not sufficient alone to warrant suspension and bail; reasons must exist to suspend the sentence. (!) (!) - The High Court’s orders directing suspension and bail were found unsustainable and set aside; fresh applications must be considered by proper law and reasoning. (!) (!) - The judgment emphasizes objective assessment and non-routine handling of suspension of sentence and bail. (!) (!)

How to determine when courts should suspend execution of sentence and grant bail under Section 389 CrPC?

What is the proper exercise and requirement of writing reasons by appellate courts for suspending sentence and granting bail in cases involving murder?

What factors should be considered by appellate courts when deciding whether to suspend sentence and grant bail in a murder case?