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Dinesh Singh Rawat (Advocate)     05 April 2016

Suspension of sentence pending appeal under section 389(1) Cr.P.C

Suspension of sentence Pending Appeal under section 389(1)  Cr.P.C in a case where applleant is in jail from past 8 years convicted in murder case but appeal is pending since 2011 in High Court. Lets discuss what are his options to get out of jail while his appeal is finally settled by High Court.



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 2 Replies

adv.raghavan (Advocate,9444674980)     05 April 2016

Bail is granted for many  under this circumstances,If the appeal is likely to be pending for a long time, it would be unfair for someone to spend the entire time in custody, as that could render their appeal infructuous. If the appeal could remain pending for 5 years and the maximum sentence that can be imposed is of 5 years, the very point of lodging the appeal would be defeated, and would be a great injustice.

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Dinesh Singh Rawat (Advocate)     06 April 2016

Thanks ADV Raghavan for your response, but my issue is if conviction for life imprisonment than what will the limit for appeal pendency in High Court so that he or she could be called in queue for seeking bail as his right if he is jail over 9 years waiting for final hearing of his appeal in High Court. That is my quest to discuss the issue framed in this forum.


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