After an accused is convicted, he files an appeal in Higher Court. Here he prays for bail.
In legal words, this is called Suspension of Sentence.
In case of Kanak Rekha Naik, Supreme Court has said two things:
1) A convict is not entitled to be granted bail as if it is his right. High Court has to record reasons for granting bail.
2) Anyone can file an Intervenor Application and can argue that the Convict should not be granted bail.
Re: 2011(1) SCALE 736 page 740 para 11,12
Haresh Raichura
18/6/2012