Regular bail – Suspension of sentence – There is a difference between grant of bail u/s 439 of the CrPC in case of pre-trial arrest and suspension of sentence u/s 389 of the CrPC and grant of bail, post-conviction -- In the earlier case there may be presumption of innocence, which is a fundamental postulate of criminal jurisprudence, and the courts may be liberal, depending on the facts and circumstances of the case, on the principle that bail is the rule and jail is an exception -- In case of post-conviction bail, by suspension of operation of the sentence, there is a finding of guilt and the question of presumption of innocence does not arise. Nor is the principle of bail being the rule and jail an exception attracted, once there is conviction upon trial.

(SC) Decided on: 14.08.2020