Law: Criminal Procedure Code (V of 1898)

Section: 426

  Criminal Procedure Code (V of 1898)--- ----S. 426(1-A)---Suspension of sentence and bail on statutory ground---Right of bail to a convict on the statutory ground is not an absolute right and Appellate Court has the discretion to grant or refuse bail which, of course, has to be exercised judiciously and not fancifully or arbitrarily. Criminal Procedure Code (V of 1898)-=- ----S.426(1)&(1-A)---Comparison between subsection (1) and subsection (1-A) of S.426, Cr.P.C.---Merely because the appeal has not been decided within the stated period of time would not in any way give an unabridged right of bail to a convict. Comparison of subsection (1) and subsection (1-A) of section 426, Cr.P.C. makes it clear that when an appeal is filed then irrespective of the period of its pendency, the Appellate Court has the jurisdiction to suspend the sentence and grant bail to a convict, but in that case the Court has to give reasons in writing for releasing a convict on bail. Under subsection (1-A) supra, however, the order has been reversed. If a convict has already suffered the sentence of imprisonment for a particular period stated in that subsection and his appeal has not been decided within the prescribed period, then the Court still has the discretion to refuse the grant of bail but in that case the Court has to give reasons in writing for not releasing him on bail.'It can be said that when a convict has suffered the prescribed period of imprisonment without his appeal having been decided, then the grant of bail is a rule while the refusal is an exception to the rule. However, the matter still remains within the discretion of the Appellate Court. Merely because the appeal has not been decided within the stated period of time would not in any way give an unabridged right of bail to a convict. Criminal Procedure Code (V of 1898)--- ----Ss. 426 & 497---Grant and refusal of bail---Guidelines---Nature of offence and not the quantum of punishment provides guideline for acceptance or refusal of bail to a convict---Where an offence is likely to be repeated by the convict, bail can validly be refused to him, even though his case may not fall within the prohibitory…