Slp to s.c.
harshad
(Querist) 06 September 2012
This query is : Resolved
accused is convicted by sessions court u/s302,447& sentenced for life imprisonment.high court accquited accused from charge of 302,447 & convicted him under 304(2)for 4 years.my question is wheather accused is liable to get bail during s.l.p.to s.c.& what are the possibilities that his appeal will entertained by s.c.his bail was reject by h.c.before conclusion of appeal accused is 80 years old
Nu.Delhi.Law.Fora.
(Expert) 06 September 2012
Dear Querist,
Since the acquittal of the Accused is granted by the High Court upsetting the Order on conviction and Sentence passed by the Sessions Court from conviction u/s 302,447 IPC while convicting for lesser offence by converting to Section 304(2)IPC, there could be chance that Accused would get bail provided, however, the same shall largely depend on merits of the case at High Court stage and evidence adduced and poved against Accused.
Reply as to possibilities/probabilities as to his appeal being entertained by Supreme Court would again depend on facts and circumstances of the case particularly that the Accused is 80 years of age.
Trust this would suffice.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi
R.K Nanda
(Expert) 06 September 2012
File SLP in SC to get relief.
JANAK RAJ VATSA
(Expert) 07 September 2012
considering the stance of the high court in the case and the advanced age of the accused, it is likely that his slp in the sc may succeed depending on the facts and circumstances of the case
