Suspension of fine???
Querist :
Anonymous
(Querist) 11 November 2011
This query is : Resolved
Hi Expert,
I have been convicted today in 9 cases of similar type for 3 years in each case and fine of 25K in each case(Criminal) in Tis Hazari. So in total 2,25,000 fine in 9 cases.
I need interim bail for my son's marriage to be held after 2 weeks on 01 Dec,11.
Also I need time to file an appeal in high court.
1.)So do I need to pay fine first for suspension of sentence?
2.)If I got the order of suspension of sentence for 2 months from Tis Hazari then will the jail authorities have any objection if the fine is not paid?
Please advice urgently.
9910368278
Devajyoti Barman
(Expert) 11 November 2011
1. Yes most likely.
2. The jail has authority has nothing to do with what you do if the court permits you do certain thing. The necessary order would be passed by the court and not the jail authority.
Querist :
Anonymous
(Querist) 11 November 2011
Respected Barman,
So in case I got the order of suspension of sentence for 1 month then jail authorities will not interfere in release of mine?
Piyush Vaishnava
(Expert) 11 November 2011
Jail authority dont having any right to interfare courts procedings.
prabhakar singh
(Expert) 11 November 2011
If you have been convicted with sentenced to imprisonment as well as fine both ,then paying fine is not going to suspend your imprisonment.
you need to pray the court convicted you to keep in abeyance the sentence till you file appeal and get the sentence stayed by appellate court.
Querist :
Anonymous
(Querist) 11 November 2011
Hi Expert,
So it means I should pray to court to suspend my order of sentence(sentence of Imprisonment and sentence of fine) till the time I file the appeal in the Appellate Court.
I don't have so much money 2,25,000 to be deposited as I have to perform marriage of my son also.
While Filing the appeal in the High Court I will pay the fine.
So till then please suspend my order of sentence.
Shonee Kapoor
(Expert) 11 November 2011
1. You have to pray for suspension of sentence.
2. The court would decide whether the fine to be paid or suspended.
Generally only the imprisonment is suspended and not the fine.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 13 November 2011
One Thing to add is that I have already undergone 9 months of imprisonment in these 9 cases as I was not in bail during the trial in these cases. So again asking that whether we need to submit the fine or not for suspension of sentence to file the appeal in DHC
