jack (nothing) 11 September 2016
jack (nothing) 12 September 2016
Sachin (N.A) 12 September 2016
You cannot bypass the court of session and move to HC.
File an appeal in session, if session court also convict you before announcing the sentence you can challange the conviction in HC.
if session court confirms the order of trial court you can either ask the session court to stay on its own order and grant you to the time for appeal.
OR
You can take bail from the session court.
Sachin (N.A) 12 September 2016
There is a judgement of supreme court " if an accused who is on the bail, gets conviction, the courts should not pronounce the sentence of imprisionment because after that the bail of the accused will be cancelled and he will again move an bail application before appeallate court and it will increase the burden on appeallate court, The court should grant the time for appeal to the convicted so accused need not file bail petition again"
This judgement was for those who are going to be sentenced for less than 5 yrs.
Try to find this judgement.
Hope it helps!!
YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 12 September 2016
498 A is easiest case to win but people complicate it.
You have been seeking advice here at every stage and thus confusing your self.
It seems that you had filed DIVORCE. During pendency of 498 A and DV cases divorce is great mistake.
Others who without much preparation file divorce and are slapped with 498 A and DV.
Your half cooked pleadings in divorce case are used by other side in 498 A and DV cases.
Now even at this stage need not panic. Get a good advocate and fight the appeal, you can win it.
jack (nothing) 12 September 2016
jack (nothing) 12 September 2016
Hi Sachin
Is this the judgement you are refering
SUNDEEP KUMAR BAFNA vs STATE OF MAHARASHTRA & ANR.
https://judis.nic.in/supremecourt/imgs1.aspx?filename=41343
Nitish Banka (lawyer) 12 September 2016
Go for appeal in session and apply for bail there
jack (nothing) 12 September 2016