RAJESH MAT (Administrator) 22 October 2016
In an Appeal Case against acquittal before Sessions Court, in the event of conviction, what is the bail procedure?
a. Can bail be taken before Judgement is delivered?(Similar to Anticipatory bail) or
b. Can bail be taken before Trial Court after Judgement is delivered?
c. Should bail be taken from High Court only?
For b & c above, will the convicted be put to prison till bail application is decided at the respective court?
Sachin (N.A) 22 October 2016
You cannot take AB at this stage. If session court convicts you and the sentence is less than 5 years court will grant to bail to file appeal in HC.
You need not to personally appear during trial and especially on date of judgement.
RAJESH MAT (Administrator) 26 October 2016
Sachinji, Thanks for your reply.
In your reply u have stated "If session court convicts you and the sentence is less than 5 years court will grant to bail to file appeal in HC". I have following queries:
Is it mandatory on part of the Sessions Court to give bail till appeal is filed in HC? If so which rule of CrPC / other rule says so?
On pronouncing the order of conviction with less than 5 yrs, should the accused file an application for bail (till appeal is filed in HC) before Sessions Court? Should fresh sureties be produced for bail?
In such a scenario, What is the time period for which bail is valid?
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