Section 389 deals with the suspension of the execution of a sentence pending an appeal and the release of the appellant on bail. There is a distinction between bail and the suspension of a sentence. One of the essential ingredients of Section 389 is the requirement for the appellate court to record reasons in writing for ordering the suspension of the execution of the sentence or the order appealed against. If the individual is in confinement, the said court can direct that they be released on bail or on their own bond.

The requirement of recording reasons in writing clearly indicates that there must be careful consideration of the relevant aspects, and the order directing the suspension of the sentence and the grant of bail should not be issued as a matter of routine.

The appellate court is duty-bound to objectively assess the matter and to record reasons for the conclusion that the case warrants the suspension of the execution of the sentence and the granting of bail. In the instant case, the only factor that seems to have weighed with the High Court (HC) for directing the suspension of the sentence and the grant of bail is the absence of allegations of misuse of liberty during the earlier period when the accused-respondent was on bail.