Negotiable instruments act panishment

Uday Kumar (Querist) 29 January 2015 This query is : Resolved
Dear Sir,

After hearing accused was convicted for 18 months punishment and double of the cheque amount and accused was arrested same day after giving order in spite of the repeated request to allow the time for Appeal and accept the fresh Bond of the Accused.

Is this conduct of the Court correct ?

Request for sharing of a expert view

Regards
Uday Kumar

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DEFENSE ADVOCATE.-firmaction@g (Expert) 29 January 2015
It seems the advocate was over confident.The results must have been anticipated and proper advance planning should have been done.

In normal course the advocate should have immediately applied for suspension of sentence and bail application.

If not allowed should have immediately filed revision. If properly presented even proper orders from sessions court are given on same day.

Follow the procedure even now and the accused will be released.

ROHIT SHARMA (Expert) 29 January 2015
1. Procedural laws do permit the accused to make an appeal and pending such appeal before the superior court the trial court can suspend the incarceration till the time of the disposal of appeal made by the accused. But, formal submission is needed to be made for such purpose. This act of the P.O. is denial of fundamental rights of the accused.

Nadeem Qureshi (Expert) 29 January 2015
The Court should grant the bail till the appeal period.
Now apply for regular bail with appeal and fight the appeal on merit.