389 (1) cr.p.c.

​Respected members 

1. accused convicted  u/sec. 304A IPC,  Rigorous Imprisonment for One year . and same day petitioner filed a petition U/s 389(3) Cr.P.C.  same was allowed by Hon’ble court and released the petitioner with sureties  . the case  posted for one month .  Petitioner not filed appealed in time, the Hon’ble court remanded the Petitioner/accused . Now Petitioner is in Jail .
2. Now I filed dealy petition , 389 (1) Cr.P.C. and Appeal petition filed in MSJ COurt .
3. My query is Delay petition pending Then  Hon'ble court can allow the 389 (1) Cr.P.C. please refer related judgements.