CrPC Section 439
Section 439 of the Code of Criminal Procedure (CrPC), 1973:
⚖️ Section 439 CrPC — Power to grant bail and to suspend sentence
Text of Section 439 CrPC:
439. Special powers of High Court or Court of Session regarding bail
(1) The High Court or Court of Session may, when any person is accused of any offense and is in custody, direct that such person be released on bail, and may also subject to the provisions of any law for the time being in force, make an order that any condition imposed for the grant of bail shall be modified or cancelled, or may cancel any bail already granted.(2) Where a sentence of death or of imprisonment for life or of imprisonment for a term exceeding two years is suspended under this section, the court shall, before releasing the accused, require him to execute a bond with or without sureties to appear and receive sentence when called upon during the pendency of the appeal or other proceeding.
Explanation and Key Points:
Who can grant bail under Section 439?
High Court and Court of Session (higher courts than Magistrates) have special powers to grant bail.
When can bail be granted?
When a person is accused of an offense and is in custody (usually police custody or jail).
What powers does the court have?
It may release the accused on bail.
It can modify or cancel any condition of bail previously imposed.
It can cancel bail if it thinks fit.
Regarding suspension of sentence:
If the court suspends a sentence of death, life imprisonment, or imprisonment exceeding two years,
It must require the accused to execute a bond (with or without sureties), promising to appear and receive the sentence when called during the pendency of the appeal.
Why is this section important?
It provides special powers to higher courts to control bail and suspension of sentences, especially in serious cases.
It balances the rights of the accused with the interest of justice and public safety.
Example:
A person convicted and sentenced to 5 years imprisonment appeals in the High Court.
The High Court may suspend the sentence and grant bail during the appeal, but will require the accused to execute a bond to appear when the appeal is decided.
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