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Apoo   14 January 2016

Sesseion court

  in lower court i win the  case, now case in session court ,If lost case in session court .what will happen .I have to go jail or can take bail before it, what are the chances to win again


Learning

 5 Replies

Laxmi Kant Joshi (Advocate )     14 January 2016

give your case details only then any legal advise can be given .

Vijay Raj Mahajan (Advocate)     15 January 2016

 

The appeal cases in criminal matters where the accused are acquitted usually get dismissed in the higher court unless there exists sufficient evidence incriminating the accused beyond reasonable doubts, in your case too chances you get convicted by session court depend how strong are the evidence on record that was produced in the trail court at the time of your prosecution, if trail court without making any apparent mistake considered every evidence on record and concluded that there is no sufficient evidence to convict you and thus acquitted you of all charges, then you may get similar relief from the session court too.

The bail that was allowed to you by the trail court will continue even during the appeal period in the session court and you will not be arrested and sent to jail, as the bail has not be discharged yet by the trail court.

Sidharth   15 January 2016

Dear Please give some more details.

If you have already won the case then it means you're not on bail. Presently. 

Apoo   15 January 2016

case 498a , filed in 2008, after trail ,in feb2015 we get aquittal from lower court , there is no evidence ,except her and mother ,father statement as per Fir.

now after delay of 85 days PP filed the case .

My question is anyhow if i lost the case in session court , i will go to jail , or get the time to get bail and appeal

Sidharth   15 January 2016

Don't worry you will be acquitted. 

In case you lost your case you will not have to go behind bars. As maximum punishment u/s 498a is 3 yrs Your lawyer will file bail application when judge pronounce the sentence. 

Best of luck

 


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