Once a person is convicted of an offence, in appropriate cases, he may be released on bail under the provisions of Section 389 of the Criminal Procedure Code by way of suspension of his sentence awarded by the trial court, during the pendency of the appeal. If the sentence awarded to him by the trial court is not exceeding 3 years’ imprisonment, then even the trial court has power to grant him bail by suspending his sentence, during pendency of the appeal. If the sentence is more than 3 years, in that case the bail can be granted by the appellate court only.
So, it should be possible for your friend, who is convicted of an offence under Section 326 of the IPC to get bail after the conviction. He may have to apply before the appellate court, since it appears that the trial court has not granted him bail (otherwise, you would have not asked this question), may be perhaps since the sentence may be more than 3 years’ imprisonment (though you have not mentioned how much was the sentence awarded to him). Of course, depending upon the facts and circumstances of the case, it is up to the appellate court whether or not to grant him bail after conviction, by way of suspending his sentence. But, legally it is possible. There is no bar under law.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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