138 ni act - 2nd appeal-conviction-bail
talklegaly
(Querist) 28 February 2012
This query is : Resolved
DOES SECOND APPEAL LIES, IF CONVICTED IN TRIAL COURT & ALSO IN SESSIONS(IST APPEAL), IF SECOND APPEAL DOES NOT LIE, HOW TO GET BAIL IF CONVICTED IN IST APPEAL.
THE MATTER IS UNDER IST APPEAL PENDING, FEAL TO THE ACCUSED IS THAT HE MAY BE CONVICTED UNDER IST APPEAL
Deepak Nair
(Expert) 28 February 2012
You can always go for appeal against the order of the sessions court in the high court.
V R SHROFF
(Expert) 28 February 2012
Try to clear in sessions only.
If fail Go for HC
Raj Kumar Makkad
(Expert) 28 February 2012
There is no legal bar to prefer the second appeal. Why do you not get the offence compounded by offering to pay 15% more amount than the cheque amount if you think the matter is genuine?
C. P. CHUGH
(Expert) 28 February 2012
If you willing to go behind bar for couple of days till your revision application is heard by High Court, You can always file revision against order of the Session Court, as if your first appeal is dismissed, you would loose your right to appeal and only remedy would lie in filling a revision. Your sentence wouldnot be suspended on dismissal of first appeal.
talklegaly
(Querist) 29 February 2012
it means if accused do not compound, and if sessions again convicts, then till the second appeal/revision-accused need to goto jail-he will not get bail 2nd time
C. P. CHUGH
(Expert) 29 February 2012
On dismissal of Appeal, sentence is not suspended and you have to serve till a bail is granted by High Court. Depending upon efforts of your counsel it may last from a week to a month or more. Even HC may grant conditional bail subject to payment of part of compensation awarded by Trial Court.
