Section 430 of BNSS : Section 430: Suspension of sentence pending appeal ; release of appellant on bail.

Explanation using Example

Example 1:

Rajesh, a 35-year-old man from Mumbai, was convicted of theft and sentenced to two years in prison. Rajesh believes that he was wrongfully convicted and decides to appeal the decision. While his appeal is pending, Rajesh's lawyer requests the Appellate Court to suspend his sentence and release him on bail. The Appellate Court, after recording its reasons in writing, agrees to suspend Rajesh's sentence and releases him on bail. This allows Rajesh to remain out of prison while his appeal is being heard.

Example 2:

Meena, a 28-year-old woman from Delhi, was convicted of a serious crime and sentenced to life imprisonment. Meena decides to appeal the conviction. Her lawyer requests the Appellate Court to release her on bail while the appeal is pending. Since Meena's conviction is for a crime punishable with life imprisonment, the Appellate Court gives the Public Prosecutor an opportunity to present written reasons against her release. After considering the Public Prosecutor's arguments, the Appellate Court decides to release Meena on bail. However, the Public Prosecutor later files an application to cancel Meena's bail, arguing that she poses a flight risk.

Example 3:

Vikram, a 40-year-old businessman from Bangalore, was convicted of a bailable offense and sentenced to six months in prison. Vikram informs the trial court that he intends to appeal the conviction. Since Vikram was already out on bail during the trial and the offense is bailable, the trial court orders his release on bail for a sufficient period to allow him to file his appeal and obtain orders from the Appellate Court. During this period, Vikram's sentence is considered suspended.

Example 4:

Anil, a 50-year-old resident of Kolkata, was convicted of fraud and sentenced to five years in prison. Anil appeals the conviction and requests the Appellate Court to suspend his sentence and release him on bail. The Appellate Court, after recording its reasons, agrees to suspend Anil's sentence and releases him on bail. However, after a few months, the Public Prosecutor files an application to cancel Anil's bail, citing new evidence that Anil might tamper with witnesses. The Appellate Court reviews the application and decides to cancel Anil's bail, ordering him back to prison while his appeal is pending.