Bail in appeal against acquittal

Hello Gopal,

How long it took for your friend , from start of the case to acquittal order ? In which state is your friend ? This queries are for determining on & average time line for 498A cases for help of fellow sufferers.

 A full bench of the Bombay HC said an accused is not entitled to bail as a matter of right merely because he has been acquitted.

The three-judge bench was deciding a legal question to clear a controversy caused by conflicting views between different two-judge benches on the meaning of Section 390 of the CrPC, which deals with 'arrest of an accused in appeal from acquittal'. The section stipulates that when the state appeals against an acquittal order of an accused, the HC may issue a warrant for the arrest and the court, before which the accused is then taken for compliance of the warrant, may have him arrested and sent to jail pending disposal of the appeal or grant him bail.

@Never Give Up
7+Years. Place is Haryana.

@Rama Chary
Thank you.

In the present case, trial court acquitted the husband on charges of 498A. Wife filed appeal as per latest amendment in Sec. 372 Cr. P.C in 2010. 

Please tell me what is the procedure adopted by appellate courts in Andhra, when wife files appeal against acquittal in 498A?
Please advise whether husband has to be present on each date of hearing in appeal against acquittal?

There are many threads on this topic in LCI.

In thread

https://www.lawyersclubindia.com/experts/Bail-in-appeal-against-acquittal-377161.asp#.UT8yl1dQCSo
Sr. Lawyer Devajyoti Barman, has mentioned that bail is not required in appeal. It means that in West Bengal, accused is not required to get bail in appeal against acquittal.

Sr. Lawyer RajKumar Makkad has mentioned that acquitted accused has to obtain bail and it is not mandatory to appear on each and every in that court.

https://www.lawyersclubindia.com/experts/Appeal-procedure-175476.asp#.UT80w1dQCSo

In the present case, I want to know what is the general rule about bail and presence of accused in appeal hearings.

Refer to following link it may help you,

Session Judge has no power to direct accused to remain present in the court when application for cancellation of bail is pending

https://www.lawweb.in/2013/03/session-judge-has-no-power-to-direct.html

7+ year for 498A is really scary..may god bless me with faster disposal of my 498A :-)