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Querist : Anonymous (Querist) 22 June 2023 This query is : Resolved
My brother was an accused in a criminal case and has been pounced guilty by the lower court. But he was not able to attend the court during judgement at the lower court due to ill health. What are the remedies available for him? Can he challenge the judgement in the High Court?

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Sudhir Kumar, Advocate (Expert) 22 June 2023
either way he can challenge the conviction.

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Querist : Anonymous (Querist) 22 June 2023
Won't he be arrested when he approaches the HC? Any other expert advice please? Waiting

Querist : Anonymous (Querist) 23 June 2023
Any other expert who can advice on the legalities please?

Sudhir Kumar, Advocate (Expert) 24 June 2023
He is bound to be taken in custody (if convicted for imprisonment) even if he does not challenge the verdict.

T. Kalaiselvan, Advocate (Expert) 25 June 2023
He first has to file a application befor the trial court to suspend the sentence and has to file an appeal before the appellate court along with a bail application before the appellate court or high court.
Actually i was sentenced to undergo imprisonment, then the police should have arrested him immediately after the trial court had pronounced the judgment and if the accused had not file the petition to suspend the sentence for the reasons to permit him to file an appeal agaisnt the judgment till then.

Querist : Anonymous (Querist) 25 June 2023
So he can file a Suspension of Sentence and not get arrested in the process and doesn't have to be imprisoned till he files an appeal ?

Sudhir Kumar, Advocate (Expert) 25 June 2023
he can try.

Querist : Anonymous (Querist) 25 June 2023
OK thank you. If he would have been present during judgement may things would have been easier to apply?

T. Kalaiselvan, Advocate (Expert) 08 August 2023
Whenever the trial court passes a judgment convicting the accused, his lawyer should be ready with a petition seeking suspension of sentence for preferring an appeal agaisnt the same.

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