Code of Criminal Procedure, 1973–Sec. 389–Scope–In considering the application, Appellate Court is only to examine if there is such patent infirmity in the order of conviction that renders the order of conviction prima facie erroneous–Where there is evidence that has been considered by the trial
Court, it is not open to a Court considering application u/s. 389 to re-assess and/or re-analyze the same evidence and take a different view, to suspend the execution of sentence and release the convict on bail.
