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Advocate B. M. (Advocate)     19 September 2015

Conviction u/s 138

Dear Members,

Please guide. Until now, my 138 matters were usually settled or withdrawn.

First time my one case has come upto trial, over and awaiting judgment in couple of days.

In case of conviction, my client (accused) will be going in appeal.

So on passing such judgment of conviction by magistrate court, what is to be done to avoid him being taken into custody?

I think I will have to file 2 applications, one for bail and another for staying the immediate execution of being taken into custody?

What would be the format for such applications?

Please guide as my matter is posted in next couple of days.

Thank you.

regards, B.M.



Learning

 1 Replies

Mani Shanker Almal   22 September 2015

I am not a lawyer but has been fighting such cases as accused. As lay man, Did you too bail for client at start after summon ? If not, it was first to take to avoid custody and investigation till guilty is proved. States have bail formality with local surety needed.

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