Criminal procedure

Vishal.Sri (Querist) 12 February 2012 This query is : Resolved
One of my friend got convicted in a criminal case. Now he in Central Jail.
Can he appeal in High Court or he apply for bail?
One advocate says he has to appeal, if appeal is accepted, he will come out on bail.
Another says, he has to get appeal first and then only he can approach appealeat court.
WHO IS CORRECT?

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Prashant (Expert) 12 February 2012
Sir,
If he is in jail then he has to file appeal and along with that appeal he also has to file bail application. one more think he also have to file application for stay of the order of the trial court or session's judge.

Devajyoti Barman (Expert) 12 February 2012
First he has to prefer appeal wherein he can apply for bail.
A convicted person who is in cusotdy is not discharged first to prefer appeal but the vice versa.

Adv.R.P.Chugh (Expert) 13 February 2012
File an appeal - the court has immense powers u/s 389 to grant bail during appeal proceedings, it can even suspend the sentence or even the conviction.

Advocate. Arunagiri (Expert) 13 February 2012
Appeal has to be filed. Pending appeal, he can be granted bail.

Appeal can be Crl.A, bail petition can be CMP in Crl.A.

Kiran Kumar (Expert) 13 February 2012
we dont under what offences your friend has been convicted.

Explain a bit of facts we will advice you how to proceed in the matter.

Raj Kumar Makkad (Expert) 13 February 2012
I have also similar views on this subject as expressed above by all experts except Kiran.

Deepak Nair (Expert) 13 February 2012
Agree with the common opinion of the learned experts above. first you have to go for appeal and application for bail once the appeal is filed.

Sri Vijayan.A (Expert) 13 February 2012
Yes, I agree.
As per procedure, he has to go for appeal.
A convicted person can not prefer bail automatically. It is common sense.
So, advice ur friend to go for appeal.

M/s. Y-not legal services (Expert) 13 February 2012
appeal should be file along with an another petition, the petition for suspense the sentence till pending disposal of the appeal..

-tom-

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