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Supreme Court judgments on Section 389, Code of Criminal Procedure, 1973

12 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under Section 389 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Anosh Ekka vs State Through Central Bureau of Investigation
SC · 13 April 2026
[2026] 4 S.C.R. 593 : 2026 INSC 357
Matter arose as regards the order passed by the High Court rejecting the appellant’s application for suspension of sentence and grant of bail during pendency of the appeal, when many of the allegations in the instant cas…
Aasif @ Pasha vs The State of U.P. & Ors.
SC · 6 August 2025
[2025] 8 S.C.R. 682 : 2025 INSC 944
Issue arose as to the correctness of the order passed by the High Court by which it declined to suspend the substantive order of sentence passed by the trial court against the appellant.
Jamnalal vs State of Rajasthan and Another
SC · 6 August 2025
[2025] 9 S.C.R. 98 : 2025 INSC 935
In the instant appeal, the father of the prosecutrix challenges the order of the High Court. By the said order, the sentence imposed on respondent no.2 herein was suspended till the final disposal of the appeal. Whether…
Central Bureau of Investigation vs Ashok Sirpal
SC · 24 October 2024
[2024] 10 S.C.R. 930 : 2024 INSC 819
Matter pertains to the challenge to the order passed by the High Court suspending the sentence of imprisonment and the fine imposed on the accused who was convicted for embezzlement of Rs. 46 lakhs.
Shivani Tyagi vs State Of U.P.
SC · 5 April 2024
[2024] 5 S.C.R. 36 : 2024 INSC 343
The appellant-victim of an acid attack challenged the suspension of sentence of life imprisonment granted by the High Court to five convicted persons under Sections 307/149 and 326A/149 IPC, and their consequential enlar…
Purushothaman vs State of Tamil Nadu
SC · 30 October 2023
[2023] 14 S.C.R. 181 : 2023 INSC 970
When the sentence of accused is suspended on appeal and he is released on bail, whether the High Court can cancel the bail without giving a reasonable opportunity, to the accused of being heard.
Omprakash Sahni vs Jai Shankar Chaudhary & Anr. etc.
SC · 2 May 2023
[2023] 5 S.C.R. 141 : 2023 INSC 478
Code of Criminal Procedure, 1973 – s. 389 – The three respondents were convicted for the murder of the appellant’s brother by the Trial Court and sentenced to life imprisonment – The order of conviction and sentence pass…
Ali Ahmad vs The State of Bihar & Anr.
SC · 12 November 2021
[2021] 7 S.C.R. 565 : 2021 INSC 723
Code of Criminal Procedure, 1973: s.389 – Suspension of sentence pending the appeal; release of accused on bail – Second respondent-accused was convicted by trial court under s.302 IPC and sentenced to life imprisonment…
Somesh Chaurasia vs State of M.P. & Anr.
SC · 22 July 2021
[2021] 6 S.C.R. 692 : 2021 INSC 349
Code of Criminal Procedure, 1973: s.389 (1) – Prosecution case was that the second respondent was convicted under s.302 IPC and awarded life imprisonment – By order dated 3.2.2016, High Court directed that the sentence s…
Surinder Singh Deswal @ Col. S. S. Deswal & Ors. vs Virender Gandhi & Anr.
SC · 8 January 2020
[2020] 1 S.C.R. 395 : 2020 INSC 21
Negotiable Instruments Act, 1881 – s.s. 138, 143-A and 148 – Code of Criminal Procedure,1973 – s.s. 389, 482 – Respondent No.1 retired from a firm – Various cheques were issued by the appellants in favour of respondent a…
N. Ramamurthy vs State by Central Bureau of Investigation, A.C.B., Bengaluru
SC · 26 April 2019
[2019] 6 S.C.R. 1120 : 2019 INSC 582
Code of Criminal Procedure, 1973: s. 389 – Suspension of sentence pending the appeal – On facts, appellant convicted and sentenced for the offences u/s. 120-B rw ss. 409, 420, 468, 471, 477-A IPC and s.13(2) r/w ss. 13(1…
State of Punjab vs Rakesh Kumar
SC · 3 December 2018
[2018] 14 S.C.R. 415 : 2018 INSC 1131
Code of Criminal Procedure, 1973: s.389 – Suspension of sentence – In the instant case, the respondents were apprehended with “manufactured drugs” and convicted by trial court under ss.21 and 22 of the NDPS Act – High Co…

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