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Babu   29 December 2018

Is sessions court also gives bail for convicted under 498a?

My cousin and his parents and sister got convicted in trial court for less than 3 years under 498a. Took bail on same day with out going to jail and went for appeal in sessions court. If found guilty in sessions court also, will they get bail immediately on same day (similar to how they got bail in trial court) from sessions court also with out going to jail if they plan to go for appeal in High Court? Or they have to go to jail and appeal for bail?


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 8 Replies

Sachin (N.A)     30 December 2018

You should seek stay on your conviction from sessions court.

Sachin (N.A)     30 December 2018

Convict person is eligible to get bail from the same court. Generally, court gives bail for 30 days.  

N.K.Assumi (Advocate)     31 December 2018

Go for appeal and file bail petition in the appellate Court. 

Pawan S (Advocate)     31 December 2018

In this situation, go for appeal in the higher court and file a bail petition.

 

Babu   31 December 2018

So incase if sessions court also convicted, they have to go to jail first on that day and they have to go for appeal in High Court and if appeal is accepted, then apply for bail in sessions court. Please correct me if my understanding is wrong.

Babu   02 January 2019

Meaning sessions court does not give the bail on same day (like how trial court gave on same judgement day for 30 days to allow them to go for appeal)? And they have to go to jail first and then only other process starts?

(Guest)

@ BABU*HO*KBABU YES, YES, YES, YES, YES, THEY WILL BE IN JAIL TILL BAIL. YOU ARE VERY MUCH WORRIED THAN YOUR COUSIN AND HIS FAMILY JAILING FOR FUTURE. FUTURE IS UNDEFINED. MEANWHILE, BECAREFUL WHETHER ANYTHING WILL HAPPEN TO YOU AND YOUR COUSIN FAMILY. IS IT SAFE OUTSIDE? OR IS IT SAFE IN JAIL ONLY? JAIL IS SAFE PLACE. DO NOT UNDERESTIMATE !!! WHEN YOU AND YOUR FAMILY RUINED OTHERS, THEY WILL NOT BE CALM ALWAYS.. AFTER CONVICTION, IF YOU ARE DOING THE SAMETHING FOR YEARS AND YEARS, THINGS WILL BE DANGEROUS, VERY SEVERE, REVENGE CONTINUES AND FINALLY YOU AND YOUR FAMILY MAY END UP IN SOMETHING ELSE. SO, THINK ALL OPTIONS !!! 

Advocate G. Pavan Kumar, LL.B (Advocate , Hyderabad)     04 January 2019

After Session Court conviction, they have to go to Jail, then they can apply for Bail. During this time, they have to be in Jail.

Except

1) if in session court, they can appeal for Bail, immediately after conviction. Court can grant that Bail. Court Discretion

General Process after conviction.

2) Cr.P.C sec 389, Suspension of sentence pending the appeal; release of appellant on bail. Based on this he may get relief as bail.

 

 


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