Code Of Criminal Procedure, 1973; Section 389 – High Court rejected accused’s plea for suspension of sentence on the ground that he had faced charge under Section 302 IPC though his actual conviction was for commission of offence under Part 2 of Section 304 IPC, Allowing appeal, SC observed: The offence he was charged with is of little relevance in a proceeding of this nature. There is no other factor which could justify his continued detention. Moreover, as the appellant has covered more than 2/3rd of the punishment imposed, we do not think he ought to remain detained till conclusion of hearing of the appeal. We, accordingly, suspend the sentence of the appellant and direct his release on bail on such conditions the Trial Court may consider fit and proper.