Section - 387 to 390 of CRPC - Appeals Procedure

387. Judgments of Subordinate Appellate Court.—The rules contained in Chapter XXVII as to the judgment
of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a
Court of Session or Chief Judicial Magistrate:
Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to
attend, to hear judgment delivered.
388. Order of High Court on appeal to be certified to lower Court.—(1) Whenever a case is decided on
appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding,
sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other
than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial
Magistrate, and if such Court is that of an Executive Magistrate, the High Court’s judgment or order shall be sent
through the District Magistrate.
(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are
conformable to the judgment or order of the High Court; and if necessary, the record shall be amended in
accordance therewith.
389. Suspension of sentence pending the appeal; release of appellant on bail.—(1) Pending any appeal by a
convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the
sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on
his own bond:
1
[Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is
convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten
years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:
Provided further that in cases where a convicted person is released on bail it shall be open to the Public
Prosecutor to file an application for the cancellation of the bail.]
(2) The power conferred by this section on a Appellate Court may be exercised also by the High Court in the
case of an appeal by a convicted person to a Court subordinate thereto.
(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal,
the Court shall,—
(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail,
order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as
will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and
the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time
during which he is so released shall be excluded in computing the term for which he is so sentenced.
390. Arrest of accused in appeal from acquittal.—When an appeal is presented under section 378, the High
Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, and
the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to
bail.