Bail application u/s 138 at dist court

Dear Querist

As per section 437 A of Cr.P.C it is mandatory.

“437A. Bail to require accused to appear before next appellate Court. — (1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months. 

(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.”. 

THANKS DEAR SIR , 

                                          I HAVE JUST TAKEN BAIL AT TRIAL COURT ABOUT  15 DAYS BEFORE , AND MADE APPEAL TO  HIGHER COURT , WHY AGAIN THE BAIL IS REQUIRED AT DIST COURT , WHEN  YOU STATE THAT  , U/S 473 BAIL BOND IS VALID FOR SIX MONTHS ? PLEASE LET ME KNOW 

THANKS 

The appellate court has to be requested for grant of bail pending appeal. Section 437A Cr.P.C. protection is only for a limited period to allow you to meanwhile obtain bail from the appellate court.

Secondly, the fact that an offence is bailable is relevant during the trial stage or the investigation stage since till that time the guilt of the accused is not proved. But, once the conviction is recorded, considerations for grant of bail are different. During appeal stage, the provision for applying for bail would be Section 389 Cr.P.C. [and not Section 436 Cr.P.C. for a bailable offence].