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2024 Supreme(SC) 386

C. T. RAVIKUMAR, RAJESH BINDAL
Shivani Tyagi – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Niranjan Sahu, AOR
For the Respondent(s): Mr. Rajat Singh, AOR Mr. Divyanshu Sahay, Adv. Mr. Sarthak Chandra, Adv. Mr. Vinay Navare, Sr. Adv. Mr. Akhand Pratap Singh Chauhan, Adv. Mr. Anil Verma, Adv. Mr. Tungesh, AOR Mr. Nagendra Kasana, AOR Mr. Rajesh Rathod, Adv. Ms. Palak Munjal, Adv. Mr. Aditya Sharma, Adv. Mr. Arun Kumar Arunachal, Adv.

ORDER :

(C.T. RAVIKUMAR,J.)

Leave granted.

1. In these quintuplet appeals the victim of an acid attack assails the suspension of sentence of life imprisonment of the convicted persons, the private respondents and their consequential enlargement on bail.

2. Heard learned counsel appearing for the selfsame appellant-victim in the captioned appeal, learned counsel appearing for the common first respondent-State of Uttar Pradesh and learned counsel appearing for the private respondents.

3. Section 389 of the Code of Criminal Procedure (for short the “Cr.PC”) deals with the suspension of execution of sentence pending the appeal against conviction and release of appellant(s) on bail. The said provision mandates for recording of reasons in writing leading to the conclusion that the convicts are entitled to get suspension of sentence and consequential release on bail. The said requirement thus indicates the legislative intention that the appellate Court invoking the power under Section 389, Cr. PC, should assess the matter objectively and that such assessment should reflect in the order.

4. We will briefly refer to some of the relevant decisions dealing with Section 389, Cr. PC. In the case of

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