Is time given to surrender in jail after conviction? time limit to appeal in high court
gangesh
(Querist) 18 March 2015
This query is : Resolved
Hi Sir,
One of my friend is undergoing a trail under section 416,420 and 468 ipc in patiala house court delhi (presided by metropolitian magistrate) from previous 12 years and he is on bail.
In next month judgement date is scheduled.I want to ask that if he is convicted for the offence then-
1) Does he need to surrender instantly in the court or will he get time to surrender in the jail.what is the time period for surrendering?
2) What is the time period to appeal in the next court for bail and after how much time the bail plea is heard?Does he need to approach delhi high court or any other court for bail?
Dr J C Vashista
(Expert) 18 March 2015
The convict should apply for bail Ta-daiiry (till filing) appeal and should file appeal within 30 days of passing of sentence. At the time of admission/notice of the appeal against the order/judgment passed by the MM the convict shall have to seek bail in Sessions Court.
For further clarifications/ advise you may seek prepaid consultancy.
Dr. (Maj) J C Vashista, Advocate,
Ch. NO 647, 6th floor, Dwarka Courts,
New Delhi-110075 Cell# 9891152939
email: majjagdish@yahoo.com
Devajyoti Barman
(Expert) 18 March 2015
1. Generally immediately on conviction the convoced is not taken into custody.
2. Appeal period is 60 days in high court.
M/s. Y-not legal services
(Expert) 18 March 2015
Yes.. Before the magistrate court trail, accused have rights to suspension of sentence till diling appeal before the concern appeallate court.
In appeal also sentence can be suspensed till the disposal of his appeal case.
gangesh
(Querist) 18 March 2015
Hi sir,
1)In which court do he need to appeal for bail,high court or session court ?
2) Generally what is the time peroid given to accused to surrender in Jail after pronouncing sentence?Is there any rule in crpc for that?
Devajyoti Barman
(Expert) 19 March 2015
1. Preferably in high court.
2.Nothing if the trial court does not grant him any time. Remember Jayalalita case.
T. Kalaiselvan, Advocate
(Expert) 19 March 2015
It is pertinent that the accused be present at the time of pronouncement of judgement, upon conviction he can be taken into custody by police however the magistrate on an application by the counsel of the convict, may initially suspend the sentence to facilitate the accused to prefer an appeal as well move bail application before the sessions court.
