New Delhi, Dec. 28 -- The Supreme Court has made it clear that the long-settled principle of "presumption of innocence" applies only until an accused is tried and convicted, and does not survive once a trial court records a finding of guilt. Cautioning appellate courts against virtually re-trying cases at the stage of suspending sentence, the top court has held that re-appreciation of evidence or picking holes in the prosecution case is impermissible when a convicted person seeks bail pending appeal.

A bench of justices Manmohan and NV Anjaria laid down the governing principles while setting aside orders of the Patna high court that had suspended the life sentences of a father and son convicted in a temple murder in Bihar's Rohtas distri...