In a case where a judgment of conviction has been awarded, the court can release a person on bail, considering not only the nature of the offense but also other relevant factors, including its effect on society. A person may have to remain in jail as an undertrial prisoner upon arrest, and similarly, a person may also have to remain in jail after conviction.

The principles applied in granting bail pending trial should mutatis mutandis apply and should not be ignored when disposing of an application for suspension of sentence after conviction.

In cases where the Sessions Judge, after taking evidence, has convicted the accused of murder, it should not be assumed that there are no reasonable grounds to believe that the accused is guilty of an offense punishable with death or imprisonment for life. The presumption should be otherwise. The gravity of the offense, the sentence imposed, and several other similar factors need to be considered by the court. The fact that the accused was on bail during the trial is not a relevant factor.

When the appellate court admits an appeal challenging the conviction and sentence for an offense under the PC Act, the Supreme Court should normally suspend the sentence of imprisonment until the appeal is disposed of. Refusal to do so would render the appeal otiose unless the appeal can be heard soon after its filing.

In disposing of an application for suspension of sentence, the courts are obliged to consider whether there are reasonable grounds to believe that the accused is guilty of an offense punishable with death or imprisonment for life.