Central Bureau of Investigation v. Rajendra Sadashiv Nikalje alias Chhota Rajan @ Nana Sheth @ Sir; 2025 INSC 1185 - S.389 CrPC

Code of Criminal Procedure 1973 - Section 389 -The initial presumption of innocence available to an accused ceases to exist, once the Trial Court upon conclusion of trial returns a finding of guilt qua that accused. This is because the accusations levelled by the prosecution against the accused stand affirmed by the judicial body. Hence, the Courts in appeal must not accord their unfounded sympathies to the accused in complete ignorance of the law- In considering prayer for suspension of sentence, the Court should consider all the relevant factors like the nature of accusation made against the accused, the manner in which the crime is alleged to have been committed, the gravity of the offence, and the desirability of releasing the accused on bail. he ambit of power under Section 389 CrPC is to protect rights of convicted-accused in those cases where the likelihood of success of his appeal against conviction is very high or in case, where a fixed term of imprisonment is ordered, the appeal is unlikely to be heard in the near future (Para 6-9)