CAN PERSON BAILED AFTER PROVING OF OFFENCE U/S 468 IPC
AMAN
(Querist) 06 December 2009
This query is : Resolved
HI,
MY QUERY IS THAT CAN A PERSON BE RELEASED ON BAIL AFTER THE COURT HAS ORDERED IMPRISONMENT IN THE FINAL JUDGEMENT OF CASE U/S 468 IPC
A V Vishal
(Expert) 06 December 2009
Bail after Conviction
If an accused person is found guilty, the Magistrate will pass the sentence after considering his past record. If the convicted person wants to appeal against his sentence in a higher court, the Court
which passed the sentence must release him on bail.
· When the sentence is for imprisonment for a term net exceeding 3 years, or;
· When the offence for which the person is convicted is a bailable one and the person is already on bail. The release will be for a period that will enable the convict to present the appeal and get the orders of the appellate Court. Once a person files an appeal against his conviction, the appellate
Court may suspend the sentence and release him on bail or on personal bond.
Raj Kumar Makkad
(Expert) 06 December 2009
Yes, It can be because it is within the ambit of criminal procedure code.
anuz doda
(Expert) 06 December 2009
yes , he may be released on bail by that Magistrate , provision 389 Cr P C
AMAN
(Querist) 06 December 2009
but if the supreme court has decided the sentence ,then also he can be released on bail under non bailable offence
AMAN
(Querist) 06 December 2009
sorry for asking such a vague question but still i want to know....