Section 389(1), CrPC allows Court to release a convicted person on bail. The factors that govern grant of suspension of sentence under Section 389(1) have been discussed by this Court in Atul Tripathi v. State of U.P., (2014) 9 SCC 177. Ramji Prasad v. Rattan Kumar Jaiswal, (2002) 9 SCC 366 observed, in cases involving conviction under Section 302, IPC sentence should be suspended only in exceptional cases.

Also see, Masood Ali Khan v. State of U.P., (2009) 3 SCC 492; Vijay Kumar v. Narendra, (2002) 9 SCC 364.

Abdul Basit v. Abdul Kadir Choudhary, (2014) 10 SCC 754, while discussing powers of a High Court to cancel bail under Section 439(2), CrPC has observed, following conduct would result in cancellation of bail – (i) misuse of liberty by engaging in similar criminal activity; (ii) interference with course of investigation; (iii) tampering of evidence or witnesses; (iv) threatening of witnesses or engaging in similar activities which would hinder investigation; (v) possibility of fleeing to another country; (vi) attempts to become scarce by becoming unavailable for investigation or going underground; and (vii) being out of reach of their surety. Similar considerations govern cancellation of bail at the post-conviction stage under the second proviso to Section 389(1).

Also see, Ramesh Kumar Singh v. Jhabbar Singh, (2003) 10 SCC 195.

The present case was a fit case for cancellation of bail by High Court.

– Hon’ble Justice Dr. D.Y. Chandrachud, Somesh Chaurasia v. State of M.P., [Criminal Appeal Nos. 590-591 of 2021].

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While issuing notice on an application for cancellation of bail, without passing a drastic order of stay, if facts so warrant, High Court can, by way of an interim order, impose additional bail conditions which will ensure accused does not flee. An order granting stay to operation of an order granting bail, during pendency of an application for cancellation of bail, should be passed in very rare, exceptional cases when a very strong prima facie case is made out. An ex­-parte stay of an order granting bail, as a standard rule, should not be granted and has to be exercised in very rare and exceptional cases. Moreover, if an ex­-parte stay is granted, by issuing a short notice, Court must immediately hear accused.

– Hon’ble Justice Abhay S. Oka, Parvinder Singh Khurana v. Directorate of Enforcement, [Criminal Appeal Nos. 3059-3062 of 2024] decided on 23.07.2024.