AIR 2014 SUPREME COURT 3062 ::2014 AIR SCW 4326 ::AIR 2014 SC (Criminal) 1973 ::2014 (5) ALJ 287

Supreme Court Of India

Hon'ble Judge(s): M. Y. Eqbal, Kurian Joseph , JJ

Criminal P.C. (2 of 1974) , S.389, S.439— Bail pending appeal - Mere service of copy of appeal and application for bail on public prosecutor by appellant - Would not satisfy requirement of first proviso to S. 389 - No opportunity granted to State as contemplated by first proviso to S. 389 - Order of High Court releasing accused on bail, set aside. There is a marked difference between the procedure for consideration of bail under Section 439, which is pre-conviction stage and Section 389, Cr. P. C. 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 Session or where the punishment for the offence is imprisonment for life; whereas in the case of post conviction bail under Section 389, Cr. P. C., 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.(Para 14) Service of a copy of the appeal and application for bail on the public prosecutor by the appellant will not satisfy the requirement of first prov....