SUPREME COURT: BAIL / DIFFERENCE BETWEEN PRE CONVICTION STAGE & POST CONVICTION STAGE / OPPORTUNITY TO THE PUBLIC PROSECUTOR / PUNISHMENT WITH DEATH OR LIFE IMPRISONMENT OR IMPRISONMENT FOR A TERM NOT LESS THAN TEN YEARS It may be seen that there is a marked difference between the procedure for consideration of bail under Section 439, which is pre conviction stage and Section 389 Cr.PC, which is post conviction stage. In case of Section 439, the Code provides that only notice to the public prosecutor unless impractical be given before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Sessions or where the punishment for the offence is imprisonment for life; whereas in the case of post conviction bail under Section 389 Cr.PC, where the conviction in respect of a serious offence having punishment with death or life imprisonment or imprisonment for a term not less than ten years, it is mandatory that the appellate court gives an opportunity to the public prosecutor for showing cause in writing against such release. ATUL TRIPATHI VERSUS STATE OF U.P. (2014) 9 SCC 177
Posted on: Thu, 06 Nov 2014 13:30:00 +0000
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