An appellate court has the discretionary power under Section 389 of the Code of Criminal Procedure to suspend the sentence of a convict during the pendency of their appeal if the term of imprisonment does not exceed three years.

CRL.M.A. 149/2026 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

CRL.A. 8/2026 & CRL.M.A. 150/2026 (for placing additional documents on record)

1. This appeal is directed against a judgment of the Sessions Court dated 29.11.2025, by which the appellants have been convicted of offences under Section 307 read with Sections 325 and 34 of the Indian Penal Code, 1860, and an order of sentence dated 12.12.2025.

2. The appeal is admitted.

3. The Investigating Officer is directed to file a status report dealing with the contents of the application within four weeks.

4. Latest Nominal Roll be requisitioned from the concerned Jail Superintendent and be placed on record.

5. The Registry is directed to requisition the digitized copy of the Trial Court record, with proper indexation, pagination, and bookmarks.

6. List the appeal in the Regular course, in its own turn.

CRL.M.(BAIL) 8/2026

1. By an order of sentence dated 12.12.2025, the appellants have been sentenced to undergo simple imprisonment for the period of three years each and to pay a fine of Rs. 15,000/- each, in respect of the offences under Sections 307 and 34 of the Indian Penal Code, 1860 [“IPC”], and to undergo simple imprisonment for the period of one year and to pay a fine of Rs. 5,000/- each, in respect of the offences under Sections 325 and 34 of the IPC. The sentences are to run concurrently.

2. At the stage of sentencing, upon an application under Section 389 (3) of the Code of Criminal Procedure, 1973 [“CrPC”], the sentence was suspended for a period of 30 days, subject to furnishing bail bonds in the sum of Rs. 25,000/- with one surety each of the like amount. The bail bonds were accordingly furnished and accepted by the Trial Court.

3. Under Section 389 of the CrPC, the Appellate Court is empowered to suspend sentences during the pendency of the appeal where the period of sentence does not exceed three years. The Supreme Court in Sudhir Kumar Jain v. State of Delhi [Criminal Appeal No. 1652/2007] has explained this provision as follows:

“6. Keeping in view the fact that the appeals are not being disposed of expeditiously by Appellate Courts, Legislature, in its wisdom, has enacted Section 389 , Code of Criminal Procedure Sub-section (3) of which empowers the Trial Court to suspend the sentence of such convicts, who have been convicted for a period not exceeding three years, for such period as will afford them sufficient time to present an appeal. Section 389 also empowers the Appellate Court including the High Court to suspend the sentence and release the convict on bail during the pendency of the appeal in case the period of sentence does not exceed three years.”

4. The order of sentence records that the fine has already been paid by both the appellants.

5. In view of the above, having heard Mr. Manoj Sharma, learned counsel for the appellants, and Ms. Manjeet Arya, learned Additional Public Prosecutor, I am of the view that the sentence of the appellants is liable to be suspended during the pendency of the appeal.

6. It is directed that the sentence of the appellants be suspended pending disposal of the captioned appeal, subject to the appellants furnishing bail bonds in the sum of Rs. 25,000/- each, with one surety each of the like amount, and subject to the satisfaction of the concerned Trial Court, on the following conditions:

a. The appellants shall provide their mobile numbers to the concerned Investigating Officer [“IO”] / Station House Officer, which shall be kept in a working condition at all times. The mobile number shall not be switched off or changed without prior intimation to the IO during the pendency of the appeal.

b. The appellants shall furnish their permanent address to the IO, as also the address where they are residing