UMAKANTA PALATASINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application Under Section 389, Criminal Procedure Code.

(2.) MOTHER and son, the two appellants have been convicted Under Section 306, I.P.C. and have been sentenced to undergo R I. for five years each. They were charged Under Section 304 -B, l.P.C. for which notice to show cause why they shall not be convicted Under Section 304 -B. I.P C. and the sentence should not be enhanced, has been issued in this appeal. Mother, appellant No. 2 aged about 55 years has been directed to be released on bail of Rs. 10,000/ - (rupees ten thousand) only with one surety in this appeal. Application in respect of son appellant No. 1 was kept pending to be considered after receipt of the L.C.R. This matter has been placed after receipt of the record of the lower Court.

(3.) STANDARD of grant of pre -trial bail and bail after conviction stand on different footing. While legislature does not require recording of reasons for grant of pre -trial bail, post conviction bail during pendency of appeal Under Section 389, Cr. P. C requires the Court to record reasons in writing.