Trial Court Can’t Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction Sentence:...
Trial Court Can’t Grant Bail Under Section 389 CrPC to Convicts After District Appellate Court Confirms Conviction and Sentence
Context:
Section 389 CrPC empowers an appellate court (or a higher court) to stay the operation of a conviction or sentence pending the appeal.
When an accused is convicted and sentenced by a Trial Court, they can appeal before the District Appellate Court (Sessions Court or equivalent).
The District Appellate Court can confirm, modify, or set aside the conviction and sentence.
After the District Appellate Court confirms the conviction and sentence, the accused becomes a confirmed convict of that Court’s judgment.
Legal Issue:
Whether the Trial Court can entertain or grant bail under Section 389 CrPC to a convict after the District Appellate Court has confirmed their conviction and sentence?
Statutory Framework:
Section 389(1) CrPC reads as:
“When an appeal is preferred against any judgment or order of conviction, the appellate court may in its discretion suspend the execution of the sentence or order and may order the release of the appellant on bail...”
The wording makes it clear that the power to grant bail under Section 389 lies with the appellate court before the appeal is decided.
Why Trial Court Cannot Grant Bail After Confirmation by District Appellate Court?
Loss of Jurisdiction at Trial Level
Once the District Appellate Court confirms the conviction and sentence, the Trial Court’s judgment is final and binding.
The Trial Court loses jurisdiction to interfere with or grant bail against a confirmed conviction.
Section 389 CrPC is an Appellate Remedy
Bail under Section 389 is intended as a stay or suspension of sentence by appellate authority during the pendency of appeal.
The Trial Court is not an appellate court for its own judgment, and hence cannot grant bail under Section 389 after appeal court’s confirmation.
Hierarchy and Finality of Orders
The Trial Court’s power to grant bail ceases once the appellate court delivers its final verdict confirming conviction.
The convict must seek bail before the High Court under Section 438 (anticipatory bail) or Section 437 (regular bail), or under the Supreme Court’s jurisdiction.
Important Case Laws:
1. State of Haryana v. Bhajan Lal, AIR 1992 SC 604
Supreme Court emphasized that Section 389(1) confers the power to grant bail only on the appellate court hearing the appeal.
Trial Courts have no jurisdiction to grant bail after the appeal is decided.
2. Raju Ramchandra Ram v. State of Maharashtra, AIR 1995 SC 1622
The Court held that once the appellate court confirms conviction and sentence, the accused can no longer be treated as an undertrial.
The Trial Court cannot grant bail after the appellate court’s confirmation.
3. Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632
It was clarified that the power to suspend sentence during appeal lies exclusively with the appellate court.
Trial courts have no residual power to stay or grant bail under Section 389 after appellate decision.
4. State of Maharashtra v. Vikramjit Singh Chauhan, (2010) 5 SCC 393
SC held that if conviction and sentence are confirmed by the appellate court, the convict must seek bail only from higher courts (High Court or SC).
Trial Court cannot intervene to grant bail under Section 389 CrPC at this stage.
Practical Implications:
| Stage | Who Can Grant Bail? | Notes |
|---|---|---|
| Trial Court conviction pending appeal | District Appellate Court under Section 389 CrPC | Trial Court cannot stay sentence. |
| Appeal pending in District Appellate Court | District Appellate Court | Can grant bail pending appeal. |
| Appeal decided by District Appellate Court | High Court / Supreme Court | Bail can be granted under Sections 437, 438 CrPC. |
| After confirmation of conviction by appellate court | Trial Court | Cannot grant bail under Section 389 CrPC. |
Conclusion:
Trial Courts lose the power to grant bail under Section 389 CrPC once the District Appellate Court confirms the conviction and sentence.
Section 389 is expressly a provision for appellate courts, to suspend sentences during appeal.
After appellate confirmation, the convict must approach higher courts (High Court or Supreme Court) for bail remedies under other sections.
Trial Courts attempting to grant bail under Section 389 after appellate confirmation would be acting without jurisdiction and such bail would be invalid.
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