Section 389 : Suspension of sentence and release of appellant on bail

1. The appellant court on any pending appeal can order the execution of sentence be
suspended and be released on bail or on his own bond.
Provided that the Appellate Court shall give opportunity to the public prosecutor for
showing the cause in writing if the offence is punishable with death or imprisonment for
life or a term more than 10 years
Provided further It shall be open for the public prosecutor to file for an application for
cancellation of bail.

2. The power conferred here can be exercised by the High Court in a case of the court
subordinate to it.

3. When the convicted person satisfies the Court and intends to present an appeal, the
court shall:
a) where such person being sentenced for a term not exceeding 3 years and he is on bail.
b) where the offence is bailable and he is on bail

4. The time during which he is so released shall be excluded in calculating the term for
which is sentenced.

Section 390 : Arrest after acquittal

The High Court may issue warrant that the accused be arrested when an appeal is
presented and the court before which he is brought may dispose the appeal or grant him
bail.
Section 391 : When the appellate Court may take further evidence

1. If the Court thinks additional evidence is necessary them either they shall take such
evidence or direct the Magistrate.
2. If it is taken by the Magistrate then the evidence shall be certified.
3. Right to present is available with the accused or his pleader when the additional
evidence is take.

4. Taking of evidence shall be subject to Chapter XXIII.

Section 392 : When judges of the Court of appeal are equally divided

When an appeal is heard before the High Court it is divided into opinion , the appeals are
with the opinions and it shall be laid before another Judge of the Court. If he thinks it fit
he shall deliver his opinion and the order following it.
Provided that when the appeal is laid before another judge it shall be re-heard and
decided by a larger bench of judges.

Section 393 : Finality of judgments

Judgments passed by the Appellate Court shall be final except in cases:

• Section 377

• Section 378• Sub section (4) of Section 384 of Chapter XXX

Provided the Appellate Court may hear and dispose of the cases:

• Appeal against acquittal under Section 378

• Appeal for enhancement under Section 377

Section 394 : Abatement of appeals

On death of the accused, every appeal under Section 377 or Section 378 shall be abate
except an appeal of sentence of fine. Provided that in the appeal against sentence of death
or imprisonment and the appellant dies during the pendency of the appeal, within 30 days
any of his near relative shall apply to Appellate Court for leave to continue the appeal and
if the leave is granted then appeal shall not abate.

Illustrations

Illustration 1: Satya Pal Sigh v. State of Madhya Pradesh

The appellant in this case is the father of the deceased and he has a locus standi to
represent the appeal to the High Court against the order of acquittal under proviso of
Section 372 because he falls within the meaning of victim. It can be done without
obtaining the leave of the High Court as required under Sub section (3) of Section 378 of
Criminal Procedure Code. The victim is the legal heir and he has the right of questioning
the correctness of the judgment.

Illustration 2: Chandrashekhar S/O Khushalrao v. The State Of Maharashtra on 3 July,

1991

Section 377 of Criminal procedure Code gives power to appeal against the sentence to the
State Government and provisions are in respect of appeal in case of acquittal. Sub
section(2) of Section 394 of Criminal Procedure Code speaks that every appeal except for
the sentence of fine shall be finally abate on death of the appellant. In this case, the
deceased preferred an appeal under Section 374 so it comes under Sub section (2) of
Section 394 of Criminal Procedure Code.

Illustration 3: Durga Prasad Soni And Anr. v. State of Andhra Pradesh on 21 June 1990
Section 372 lays down that there is no appeal for a judgment or order of Criminal Court
except as provided by the Code or any other law which in force at that time. It is clear
from that the right to appeal is a statutory right. Section 373 deals with orders against
securities.
Illustration 4 : Jagdish And Anr. v. The State Of Rajasthan on 8 January, 1992
The appeal was not maintainable because of Section 376 of Criminal Procedure Code, no
appeal has been provided in petty cases. The submission is that the accused has to furnish
security to keep good behavior and peace under Section 4 of Probation of Offenders Act
and no appeal lies under Section 376 and Section 374 of Criminal Procedure Code. The
order should be treated as an order in revision and the second revision is not permissible.

It needs to be pointed out that except for the statutory provisions laid down by CrPC or
any other law which is in force, an appeal cannot lie from any judgment or an order of a
criminal court.[3] Thus, there is no vested right to appeal as such as even the first appeal
will be subjected to statutory limitations. The justification behind this principle is that the
courts which try a case are competent enough with the presumption that the trial has been
conducted fairly. However, as per the proviso[4], the victim[5] has a right to appeal
against any order passed by the Court under special circumstances comprising of a
judgment of acquittal, conviction for lesser offence or inadequate compensation.

In the case of Satya Pal Sigh vs State of Madhya Pradesh[6], the Hon’ble Supreme Court
held that the father of the deceased has a locus standi to present an appeal to the High
Court under the proviso of Section 372, as he falls within the definition of “victim”, to
question the correctness of judgment and order of an acquittal of accused.

Generally, same sets of rules and procedures are employed to govern the appeals in the
Sessions Courts[7] and High Courts (highest court of appeal in a state and enjoys more
powers in matters where appeal is permissible). The highest court of appeal in the
country is the Supreme Court and hence, it enjoys the most extensive discretionary and
plenary powers in the cases of appeals. Its powers are largely governed by the provisions
laid down in CrPC, Indian Constitution, and the Supreme Court (Enlargement of
Criminal Appellate Jurisdiction), 1970.

The law provides a person who has been convicted of a crime to appeal to the Supreme
Court or the High Court or the Sessions Court as per the circumstances.[8] In the case
of Arun Kumar vs. State of Uttar Pradesh[9], the Honourable Supreme Court held that if
the High Court found that the view taken by the Sessions Judge to acquit the appellants
was manifestly wrong, moreover, it even led to miscarriage of justice, therefore, the High
Court was correct in setting aside this acquittal and convicting them.

The State Government has been empowered to direct the Public Prosecutor to appeal
against the sentence on the grounds of inadequacy to either the sessions court or the High
Court, however in only those cases where the trial for conviction has not been held by the
High Court.[10] This shows that this right to appeal against sentences on the grounds of
inadequacy has not been granted to the victims or the complainants or any other person.
Moreover, it is mandatory for the Court to give the accused a reasonable opportunity to
show cause against any enhancement of the sentence in the interest of justice. The
accused has the right to plead for his acquittal or a reduction in the sentence while
showing cause.

Similarly, the District Magistrate, and the State Government have the powers to direct the
Public Prosecutor to present an appeal in case of an acquittal to Court of Sessions, and
the High Court, respectively, subject to certain conditions.[11] A two-Judge bench of the
Hon’ble Supreme Court held in the case of Satya Pal Singh vs State of Madhya
Pradesh[12] that the victim cannot file an appeal against an order of acquittal without
obtaining the leave of the High Court.
The accused has been given the right to appeal to the Supreme Court against the
judgment of the High Court if the High Court has reversed an order of his acquittal on
appeal by convicting him, thereby, sentencing him to imprisonment for life or for ten
years or more, or to death.[13] Understanding the relevance of a criminal appeal being
made to the Supreme Court, the same law has also been laid down in Article 134(1) of
the Indian Constitution under the appellate jurisdiction of the Supreme Court. The
Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, has also
been passed by the legislature in consonance with Article 134(2) of the Indian
Constitution to confer additional powers on the Supreme Court to entertain and hear
appeals from the High Court under certain conditions.

A similar right to appeal has been granted to one or all accused persons if more than one
persons have been convicted in a trial and such order has been passed by the court.[14]

However, there are certain circumstances under which no appeal shall lie. These
provisions have been laid down under Section 265G[15], Section 375[16] and Section
376[17] of the CrPC.

As to the finality of the judgments and orders passed on appeal, CrPC makes them final
except in some cases.[18] This shows how paramount importance is given to appeals.