{"id":57967,"date":"2023-07-04T10:03:00","date_gmt":"2023-07-04T04:33:00","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=57967"},"modified":"2023-06-19T18:11:08","modified_gmt":"2023-06-19T12:41:08","slug":"bail-after-conviction-section-389-crpc","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/bail-after-conviction-section-389-crpc\/","title":{"rendered":"Explained: Bail after Conviction Section 389 CrPc"},"content":{"rendered":"\n<p>Bail after conviction Section\n389 of the Criminal Procedure Code (CrPc) deals with the power of the appellate\ncourt to suspend, remand or release a convicted person on bail. It applies to\ncases where a person has been convicted by a trial court and has filed an\nappeal against the conviction.<\/p>\n\n\n\n<p>Under\nthis section, the appellate court has the discretion to grant bail to a\nconvicted person pending the hearing and final disposal of the appeal. The\ncourt may also suspend the sentence of the convicted person or remand them to\ncustody during the pendency of the appeal.<\/p>\n\n\n\n<p>The\nobjective of Section 389 CrPc is to ensure that a person who has been convicted\nby a lower court but has appealed against the conviction, is not subjected to\nunnecessary incarceration until the appellate court decides on the appeal. The\nsection also seeks to strike a balance between the interests of justice and the\npersonal liberty of the convicted person.<\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_82_2 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title ez-toc-toggle\" style=\"cursor:pointer\">Page Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 eztoc-toggle-hide-by-default' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/corpbiz.io\/learning\/bail-after-conviction-section-389-crpc\/#Types_of_Bail_under_Section_389_CrPc\" >Types of Bail under Section 389 CrPc<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/corpbiz.io\/learning\/bail-after-conviction-section-389-crpc\/#Eligibility_Criteria_for_Bail_after_Conviction\" >Eligibility Criteria for Bail after Conviction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/corpbiz.io\/learning\/bail-after-conviction-section-389-crpc\/#Factors_Considered_by_Courts_in_Granting_Bail_after_Conviction\" >Factors Considered by Courts in Granting Bail after Conviction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/corpbiz.io\/learning\/bail-after-conviction-section-389-crpc\/#Procedure_for_Obtaining_Bail_after_Conviction\" >Procedure for Obtaining Bail after Conviction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/corpbiz.io\/learning\/bail-after-conviction-section-389-crpc\/#Grounds_for_Cancellation_of_Bail_after_Conviction\" >Grounds for Cancellation of Bail after Conviction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/corpbiz.io\/learning\/bail-after-conviction-section-389-crpc\/#Case_Studies_on_Bail_after_Conviction_under_Section_389_CrPc\" >Case Studies on Bail after Conviction under Section 389 CrPc<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/corpbiz.io\/learning\/bail-after-conviction-section-389-crpc\/#Recent_Amendments_to_Section_389_CrPc\" >Recent Amendments to Section 389 CrPc<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/corpbiz.io\/learning\/bail-after-conviction-section-389-crpc\/#Key_Differences_between_Bail_before_and_after_Conviction\" >Key Differences between Bail before and after Conviction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/corpbiz.io\/learning\/bail-after-conviction-section-389-crpc\/#Key_Takeaways_on_Bail_after_Conviction_under_Section_389_CrPc\" >Key Takeaways on Bail after Conviction under Section 389 CrPc<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/corpbiz.io\/learning\/bail-after-conviction-section-389-crpc\/#Conclusion\" >Conclusion<\/a><\/li><\/ul><\/nav><\/div>\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Types_of_Bail_under_Section_389_CrPc\"><\/span>Types of Bail under Section 389 CrPc<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>There are\ntwo types of bail that can be granted under Section 389 CrPc:<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Regular Bail<\/h3>\n\n\n\n<p>Regular bail is granted when a person who has been convicted by a lower court is released on bail pending the hearing and final disposal of the appeal. The appellate court may grant regular bail if it is satisfied that the convicted person is not likely to abscond or tamper with the evidence, and that their release on bail will not pose a threat to public safety or the administration of justice.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Interim Bail<\/h3>\n\n\n\n<p>Interim bail is granted for a short period of time, usually during the pendency of the hearing of the bail application. Interim bail is granted to provide temporary relief to the convicted person while the appellate court is considering their <strong><a href=\"https:\/\/corpbiz.io\/bail-application\">bail application<\/a><\/strong>. Interim bail may be granted subject to conditions, such as a requirement to report to the police station regularly, surrendering their passport or refraining from contacting certain persons.<\/p>\n\n\n\n<p>It is important to note that the grant of <strong><a href=\"https:\/\/corpbiz.io\/learning\/what-is-bail-in-india\/\">bail<\/a><\/strong> under Section 389 CrPc is subject to the discretion of the appellate court and may be granted with or without conditions, depending on the facts and circumstances of each case.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Eligibility_Criteria_for_Bail_after_Conviction\"><\/span>Eligibility Criteria for Bail after Conviction<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p><strong>The Eligibility Criteria For Bail After\nConviction Under Section 389 Crpc Are As Follows:<\/strong><\/p>\n\n\n\n<p>The\nconvicted person must have filed an appeal against the conviction in the\nappellate court.<\/p>\n\n\n\n<p>The\nconvicted person must have been sentenced to imprisonment for a term of three\nyears or less. If the sentence is for more than three years, then the convicted\nperson must first approach the High Court for bail under Section 439 CrPc.<\/p>\n\n\n\n<p>The\nconvicted person must satisfy the appellate court that there are reasonable\ngrounds for believing that they are not guilty of the offense for which they\nwere convicted, and that they will not abscond or tamper with the evidence if\nreleased on bail.<\/p>\n\n\n\n<p>The\nconvicted person must show that their continued incarceration pending the\nhearing and final disposal of the appeal will cause them irreparable harm or\ninjustice, and that their release on bail will not be contrary to the interests\nof justice or public safety.<\/p>\n\n\n\n<p>It is\nimportant to note that the appellate court has the discretion to grant or deny\nbail after conviction, even if the convicted person satisfies the eligibility\ncriteria. The court will consider various factors, such as the nature of the\noffense, the severity of the sentence, the criminal record of the convicted\nperson, and the likelihood of the convicted person fleeing from justice or interfering\nwith the administration of justice.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Factors_Considered_by_Courts_in_Granting_Bail_after_Conviction\"><\/span>Factors Considered by Courts in Granting Bail after Conviction<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>In\ndeciding whether to grant bail after conviction under Section 389 CrPc, the\nappellate court will consider several factors, including:<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Nature of Offense<\/h3>\n\n\n\n<p>The\nappellate court will consider the seriousness of the offense committed by the\nconvicted person, the circumstances surrounding the commission of the offense,\nand the potential impact of the offense on public safety and the administration\nof justice.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Severity of Sentence<\/h3>\n\n\n\n<p>The\nappellate court will consider the length of the sentence imposed on the\nconvicted person, the nature of the sentence (such as imprisonment or fine),\nand the time already spent by the convicted person in custody.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Criminal Record<\/h3>\n\n\n\n<p>The\nappellate court will consider the past criminal record of the convicted person,\nincluding any prior convictions, and the likelihood of the convicted person\ncommitting similar offenses if released on bail.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Flight Risk<\/h3>\n\n\n\n<p>The\nappellate court will consider whether the convicted person is likely to flee\nfrom justice or abscond if released on bail, and the measures that can be taken\nto ensure their presence during the hearing and final disposal of the appeal.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Tampering with Evidence<\/h3>\n\n\n\n<p>The\nappellate court will consider whether the convicted person is likely to tamper\nwith the evidence or influence witnesses if released on bail.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Personal and Family Circumstances<\/h3>\n\n\n\n<p>The\nappellate court will consider the personal and family circumstances of the\nconvicted person, such as their age, health, financial situation, and family\nobligations, to determine whether continued incarceration will cause them undue\nhardship or injustice.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Public Interest<\/h3>\n\n\n\n<p>The\nappellate court will consider the interest of the public in ensuring that the\nconvicted person is brought to justice and that the administration of justice\nis not hampered.<\/p>\n\n\n\n<p>The\nappellate court will weigh these factors and make a decision based on the facts\nand circumstances of each case.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Procedure_for_Obtaining_Bail_after_Conviction\"><\/span>Procedure for Obtaining Bail after Conviction<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>The\nprocedure for obtaining bail after conviction under Section 389 CrPc is as\nfollows:<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Filing of Bail Application<\/h3>\n\n\n\n<p>The\nconvicted person or their legal representative may file a bail application\nbefore the appellate court along with an affidavit stating the grounds for\nseeking bail.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Notice to Prosecutor<\/h3>\n\n\n\n<p>The appellate court will issue a notice to\nthe prosecutor and give them an opportunity to file a reply to the bail\napplication.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Hearing of Bail Application<\/h3>\n\n\n\n<p>The\nappellate court will hear the arguments of both parties and consider the\nfactors mentioned above while deciding whether to grant or deny bail.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Conditions of Bail<\/h3>\n\n\n\n<p>If bail\nis granted, the appellate court may impose conditions such as a requirement to\nfurnish a surety, surrender of passport, reporting to a police station at\nregular intervals, and refraining from contacting certain persons.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Bail Bond<\/h3>\n\n\n\n<p>The\nconvicted person or their surety may be required to furnish a bail bond, which\nis a legal undertaking to ensure the presence of the convicted person during\nthe hearing and final disposal of the appeal.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Compliance with Conditions<\/h3>\n\n\n\n<p>The\nconvicted person must comply with the conditions of bail and failure to do so\nmay result in cancellation of bail.<\/p>\n\n\n\n<p>It is\nimportant to note that the procedure for obtaining bail after conviction may\nvary from state to state and from court to court. The convicted person or their\nlegal representative should seek the advice of a competent lawyer who has\nexperience in criminal law to navigate the bail process effectively.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Grounds_for_Cancellation_of_Bail_after_Conviction\"><\/span>Grounds for Cancellation of Bail after Conviction<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p><strong>The grounds for cancellation of bail after\nconviction under Section 389 CrPc are as follows:<\/strong><\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Violation of Bail Conditions<\/h3>\n\n\n\n<p>If the\nconvicted person violates any of the conditions of bail, such as failure to\nreport to the police station or contact certain persons, the court may cancel\nthe bail.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Commission of another Offense<\/h3>\n\n\n\n<p>If the\nconvicted person commits another offense while on bail, the court may cancel\nthe bail.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Tampering with Evidence or Witness<\/h3>\n\n\n\n<p>If there\nis evidence to suggest that the convicted person has tampered with the evidence\nor influenced a witness, the court may cancel the bail.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Fleeing from Justice<\/h3>\n\n\n\n<p>If the\nconvicted person absconds or flees from justice, the court may cancel the bail\nand issue a warrant for their arrest.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Change in Circumstances<\/strong><\/h3>\n\n\n\n<p>If there\nis a material change in the circumstances of the case, such as the discovery of\nnew evidence, the court may cancel the bail.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Interference with the Administration of Justice<\/h3>\n\n\n\n<p>If the\nconvicted person interferes with the administration of justice or attempts to\nobstruct the course of justice, the court may cancel the bail.<\/p>\n\n\n\n<p>It is\nimportant to note that the court has the discretion to cancel the bail and the\ndecision will depend on the facts and circumstances of each case. The convicted\nperson or their legal representative should ensure that all conditions of bail\nare complied with and seek the advice of a competent lawyer if there is a\nchange in circumstances that may affect their bail.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Case_Studies_on_Bail_after_Conviction_under_Section_389_CrPc\"><\/span>Case Studies on Bail after Conviction under Section 389 CrPc<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p><strong>Sure, here are a few case studies on bail\nafter conviction under Section 389 CrPc:<\/strong><\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Sanjay Chandra v. CBI<\/h3>\n\n\n\n<p>In this\ncase, the managing director of a real estate company was convicted in a 2G scam\ncase and sentenced to three years imprisonment. He filed a bail application\nunder Section 389 CrPc, which was initially rejected by the trial court.\nHowever, the Delhi High Court granted him bail after considering his health\ncondition and the fact that he had already spent two years in jail.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Narayan Rao Laxman Rao Jagdale v. State of Maharashtra<\/h3>\n\n\n\n<p>In this\ncase, the accused was convicted of murdering his wife and sentenced to life\nimprisonment. He filed a bail application under Section 389 CrPc, which was\nrejected by the Bombay High Court. The court held that the seriousness of the\noffense, the likelihood of the accused absconding, and the possibility of\ntampering with evidence were sufficient grounds to deny bail.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Dinesh Kumar v. State of Haryana<\/h3>\n\n\n\n<p>In this\ncase, the accused was convicted of murder and sentenced to life imprisonment.\nHe filed a bail application under Section 389 CrPc, which was initially\nrejected by the trial court. However, the Punjab and Haryana High Court granted\nhim bail after considering the fact that he had already served more than ten\nyears in jail, his good conduct in jail, and the fact that the appeal against\nhis conviction was likely to take several years.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">State of Karnataka v. B.R. Nagaraj<\/h3>\n\n\n\n<p>In this\ncase, the accused was convicted of embezzlement and sentenced to five years\nimprisonment. He filed a bail application under Section 389 CrPc, which was\nrejected by the trial court. The Karnataka High Court upheld the decision of\nthe trial court and held that the seriousness of the offense and the\npossibility of the accused absconding were sufficient grounds to deny bail.<\/p>\n\n\n\n<p>These\ncase studies demonstrate that the decision to grant or deny bail after\nconviction under Section 389 CrPc depends on the facts and circumstances of\neach case and the discretion of the court.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Recent_Amendments_to_Section_389_CrPc\"><\/span>Recent Amendments to Section 389 CrPc<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>As of my\nknowledge cut-off in September 2021, there were no recent amendments to Section\n389 CrPc. However, it is important to note that the law is subject to change\nand amendments may be made from time to time to keep up with the changing legal\nlandscape and to address any gaps or inadequacies in the existing legal\nframework. It is therefore advisable to keep abreast of any changes or\namendments to Section 389 CrPc by consulting a competent lawyer or staying\nupdated with legal news and developments.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Key_Differences_between_Bail_before_and_after_Conviction\"><\/span>Key Differences between Bail before and after Conviction<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>The key\ndifferences between bail before and after conviction are as follows:<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Stage of the Criminal Proceedings<\/h3>\n\n\n\n<p>Bail\nbefore conviction is granted during the pendency of the trial, while bail after\nconviction is granted after the accused person has been convicted and\nsentenced.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Burden of Proof<\/h3>\n\n\n\n<p>In bail\nbefore conviction, the burden of proof is on the prosecution to establish that\nthe accused person should not be granted bail. In bail after conviction, the\nburden of proof is on the accused person to establish that they are eligible\nfor bail and that there are sufficient grounds for granting bail.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Eligibility Criteria<\/h3>\n\n\n\n<p>The\neligibility criteria for bail before conviction are different from those for\nbail after conviction. In bail before conviction, the accused person may be\ngranted bail if they can establish that there are no substantial grounds for\nbelieving that they have committed the offense. In bail after conviction, the\naccused person must establish that there are special reasons for granting bail,\nsuch as ill-health or the pendency of an appeal.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Nature of the Offense<\/h3>\n\n\n\n<p>Bail\nbefore conviction may be granted for both bailable and non-bailable offenses,\nwhile bail after conviction is generally only granted for bailable offenses.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Discretion of the Court<\/h3>\n\n\n\n<p>The court\nhas greater discretion in granting bail before conviction, as there is a\npresumption of innocence in favour of the accused person. However, after\nconviction, the court must consider the nature of the offense, the likelihood\nof the accused person absconding, and the possibility of the accused person\ntampering with evidence or influencing witnesses.<\/p>\n\n\n\n<p>These are\nsome of the key differences between bail before and after conviction. It is\nimportant to note that the rules and procedures relating to bail may vary\ndepending on the jurisdiction and the specific facts and circumstances of each\ncase.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Key_Takeaways_on_Bail_after_Conviction_under_Section_389_CrPc\"><\/span>Key Takeaways on Bail after Conviction under Section 389 CrPc<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>To\nconclude, bail after conviction under Section 389 CrPc is a legal provision\nthat allows an accused person to be released on bail after they have been\nconvicted and sentenced by a court of law. The eligibility criteria for bail\nafter conviction are different from those for bail before conviction, and the\ncourt must consider various factors before granting bail, such as the nature of\nthe offense, the likelihood of the accused person absconding, and the\npossibility of the accused person tampering with evidence or influencing\nwitnesses.<\/p>\n\n\n\n<p><strong>Some Key\nTakeaways On Bail After Conviction Under Section 389 Crpc Are:<\/strong><\/p>\n\n\n\n<ul>\n<li>Bail after conviction is not an automatic right\nand the accused person must establish that there are special reasons for\ngranting bail.<\/li>\n\n\n\n<li>The court has the discretion to grant or deny bail\nafter conviction based on the facts and circumstances of each case.<\/li>\n\n\n\n<li>The eligibility criteria for bail after conviction\nare different from those for bail before conviction, and the burden of proof is\non the accused person to establish that they are eligible for bail.<\/li>\n\n\n\n<li>Bail after conviction is generally only granted\nfor bailable offenses and in exceptional circumstances for non-bailable\noffenses.<\/li>\n\n\n\n<li>It is important for the accused person to follow\nthe correct procedure for obtaining bail after conviction and to seek the\nassistance of a competent lawyer to present their case effectively.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Conclusion\"><\/span>Conclusion<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>In conclusion, bail after conviction under Section 389 <strong>CrPc<\/strong><sup><a href=\"https:\/\/en.wikipedia.org\/wiki\/Code_of_Criminal_Procedure_(India)\"><strong>[1]<\/strong><\/a><\/sup> is a complex legal provision that requires careful consideration of various factors by the court. It is important for the accused person to understand the legal framework and the eligibility criteria for bail after conviction, and to seek the assistance of a competent lawyer to present their case effectively.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read Our Article<\/b>: <mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/guidelines-for-arrest-and-bail-under-gst\/\">Detailed Guidelines For Arrest And Bail Under GST<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Bail after conviction Section 389 of the Criminal Procedure Code (CrPc) deals with the power of the appellate court to suspend, remand or release a convicted person on bail. It applies to cases where a person has been convicted by a trial court and has filed an appeal against the conviction. Under this section, the [&hellip;]<\/p>\n","protected":false},"author":64,"featured_media":58052,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[272],"tags":[3768],"acf":{"service_id":"804"},"authorName":"Bhawna Kumari","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2023\/03\/MicrosoftTeams-image-30.jpg","authorDescription":"I'm Bhawna Kumari, a final year student pursuing B.B.A. L.L.B. (Hons.) at Jagran Lake city University in Bhopal. With a keen interest in law, Bhawna has gained a comprehensive understanding of various legal domains such as contracts, IPR law, taxation, and corporate law. Her academic coursework has honed her analytical, research, and writing skills, making her a valuable asset in the legal field.","postViews":19414,"readingTime":9,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/57967"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/64"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=57967"}],"version-history":[{"count":7,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/57967\/revisions"}],"predecessor-version":[{"id":58536,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/57967\/revisions\/58536"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/58052"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=57967"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=57967"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=57967"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}