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Criminal appeal and suspension of sentence us 389

(Querist) 25 June 2014 This query is : Resolved 
My son was convicted by Sessions Court under section 306 of IPC and sentenced him 7 years imprisonment in the month of Jan.2014. I filed an appeal in High Court against the said Judgement in the same month. On 25.02.2014 an application for suspension of sentence was also filed which was rejected on 05.03.2014.(It was made known to us by our advocate that the bail application was not considered because my son has not completed few months in Jail and the Hon. Judge was not convinced due to the reason, hence, our advocate has withdrawn the application as not pressed.)
I was surprised to note that the case is now listed for Final Hearing in the month of August 2014.
I am finding it difficult to know that why the case is listed for final hearing, whereas only one date was listed for hearing on bail application i.e. on 05.03.2014.
We have requested our Lawyer to again file an application for suspension of sentence, who in turn adviced us that since the case is listed for final hearing bail application can not be filed as per recent guidelines of supreme court.
I wish to know whether the case can be listed for final hearing within a period of 6 months of filing of appeal and which is not a part heard case.
Further is it correct that bail application (for suspension of sentence) can not be filed in Final Hearing Cases.
Please be kind enough to reply my querry.
adv. rajeev ( rajoo ) (Expert) 25 June 2014
It is very wonder how come the application is withdrawn. Court normally suspension the sentence.
Devajyoti Barman (Expert) 25 June 2014
Your lawyer is right.
It is fixed for final hearing. There is no need or the court is unlikely to hear bail 0r suspension petition now.
Rajendra K Goyal (Expert) 25 June 2014
Consult another lawyer, show him all the documents and get second opinion.
R.K Nanda (Expert) 25 June 2014
no more to add.
Raj Kumar Makkad (Expert) 25 June 2014
I do agree with the experts.


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