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Satish Kumar (Practice)     17 January 2016

Query

5 Years Sentenced under section 420, 467, 468 IPC. Accused is 65 year ill lady. Accused was on bail during trial and trial was completed within a period of 7 years without any unnecessary delay on the part of accused. Custody taken immediatelyand send to jail after pronouncing the sentence judgment by trial court.

Period of custody 5 days. 

Can get bail (suspension of sentence) from appelate (session court) if appeal preferred?

Please provide the relevant verdicts of supreme court or high court in this regard if possible.



Learning

 4 Replies

B.N.Raja Mohamed (ADVOCATE)     28 January 2016

Sir/Madam,

Once you file an appeal against conviction in the appellate court you are legally entitled to move suspension of sentence under the section 389(1) CriminaL Procedure code. No seperate judement of tghe high court or the supreme court is required.Why didn't you consult your lawyer? 

adv.raghavan (Advocate,9444674980)     30 January 2016

Positive, you can opt for the same. Condut of the accused/ convict was good, and going by the age factor, by all means she can get a positive nod.  

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     31 January 2016

if you are agrieved by the jugement you may go appeal and obtain leav from trial court and pray bail on same ground

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     31 January 2016

if you are agrieved by the jugement you may go appeal and obtain leav from trial court and pray bail on same ground


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