Judgment

KURIAN, J.

Leave granted.

2. At the post conviction stage, whether the appellate court, while considering the release of the convict on bail, should give an opportunity to the public prosecutor for showing cause in writing against such release where the conviction is on an offence punishable with death or imprisonment for life or for a term not less than ten years, is the issue falling for consideration in these appeals.

3. All the private respondents have been convicted by the Court of Additional Sessions Judge, Azamgarh under Sections 147, 148, 149 read with Sections 302, 120B of the Indian Penal Code (45 of 1860) (hereinafter referred to as ‘IPC’) and Section 7 of Criminal Law (Amendment) Act, 2013 and they have been awarded sentence of imprisonment for life with fine. Altogether seven accused have been convicted; however bail is granted only to four.

4. The main contention of the appellant is that the procedure contemplated under Section 389 proviso has not been complied with while releasing them on bail and, hence, the order passed by the High Court is liable to be set aside. For the purpose of ready reference, we shall extract the impugned order dated 29.08.2012 passed