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].