In Brief
Ram Krishna Prasad and two others were convicted under the Indian Penal Code and Prevention of Corruption Act, sentenced to one year imprisonment. While the High Court initially granted bail relief under Section 389 CrPC, this was withdrawn because Prasad's counsel failed to appear. Prasad appealed. The Supreme Court held that since Prasad had already served nine months of his one-year sentence, he was entitled to bail relief under Section 389 CrPC. The Court set aside the High Court's withdrawal order and directed the trial court to release him on bail pending his appeal, finding that the relief should not be arbitrarily withdrawn due to procedural non-appearance.
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