The present article is the sequel to the author’s earlier article “Bail on conviction — Incongruity in law” published in 1999 (1) JCC 38 Journal Section. According to Section 389 (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”), when an accused is convicted of any offence and sentenced to imprisonment not exceeding three years, and if such convicted person has been on bail before being sentenced, or where the offence of which such person has been convicted is a bailable one and he/she has been on bail, and if accused satisfies the convicting Court that he/she intends to prefer an appeal to a higher Court, he/she shall be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to prevent an appeal so as to obtain orders of appellate Court under Section 389 (1) Cr.P.C., and sentence of such imprisonment shall, so long as convicted accused is so ....