Code of Criminal Procedure, 1973–Secs. 389 & 439–Bail under both provisions–Difference–In the case u/s. 439, there may be presumption of innocence, which is a fundamental postulate of criminal jurisprudence and the Courts may be liberal depending on the facts and circumstances of the case, on the principle that bail is the rule and jail is an exception–In the post conviction bail, by suspension of operation of the sentence there is a finding of guilt and the question of presumption of innocence does not arise.
