Appellate Court Exercises Discretion under Section 389 CrPC, Grants Bail Pending Appeal Decision
In a significant judgment, the Rajasthan High Court has suspended the sentence of Roop Singh, who was convicted under Section 8/15(B) of the NDPS Act by the Special Judge for NDPS Cases in Rawatsar, District Hanumangarh. The decision, delivered on February 2, 2026, by Justice Farjand Ali, allows Roop Singh to be released on bail until the final disposal of his appeal.
Roop Singh was originally sentenced to a maximum of one year in prison with a fine of Rs. 10,000. His counsel argued that the trial court erred in its judgment by not appreciating the legal and factual aspects correctly, thus warranting a fresh evaluation by the High Court as the appellate body. The public prosecutor, however, opposed the suspension of the sentence.
The court highlighted the nuanced distinction between granting bail under Section 439 CrPC at the pre-conviction stage and the suspension of sentence under Section 389 CrPC, which operates post-conviction. Emphasizing the appellate court's role in assessing the sustainability of a conviction, the court noted that the grounds for appeal should disclose a real possibility of success and that the sentence suspension was warranted due to the likelihood of the appeal not being heard in the near future.
Justice Ali underscored that the appellate court is not required to make conclusive findings at this stage but should ensure that the grounds for suspension are appreciable and legally tenable. The possibility of the conviction being overturned or modified also played a crucial role in the court's decision to suspend the sentence.
Roop Singh is required to execute a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each. He must appear before the trial court every January until the appeal is decided and notify the court and his counsel of any change in address. Failure to comply with these conditions may result in the cancellation of bail.
This decision reflects the court's commitment to safeguarding human dignity and personal liberty while balancing the scales of justice pending final adjudication.
Bottom Line:
Suspension of sentence under Section 389 Cr.P.C. - Principles for appellate court to exercise discretion in suspending sentence during pendency of appeal discussed.
Statutory provision(s): Section 389 CrPC, Section 439 CrPC, Section 8/15(B) NDPS Act
Roop Singh v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2859703
