Case Law Analysis
|Bombay High Court
Section 389 CrPC/BNSS 430 | Bail Pending Appeal Mandatory When Accused Remained on Bail Throughout Trial Without Misuse : Bombay HC Aurangabad Bench
Bombay High Court Aurangabad Bench rules that an accused who remained on bail during the entire trial without misuse is entitled to bail pending appeal, especially when prosecution evidence is unreliable. The court emphasized that failure of eyewitnesses to identify the accused in a test identification parade weakens the case, justifying suspension of life sentence.