Bail in District Court
Advocate Umesh
(Querist) 27 February 2011
This query is : Resolved
In NI Act 138 case accused convicted by trial court. Then appeal filed in DJ Court. Now DJ going to pronounce his order on 11-03-2011. If appeal will dismissed by DJ then Can accused enlarge on Bail by DJ? In short can DJ court enlarge on Bail to accused to get sufficient time to file appeal in High court? If yes under what provision? And is there any citation in that behalf?
Ajay Bansal
(Expert) 27 February 2011
The Sessions Judge[ whom you are saying DJ here ] has to send the accused in Jail, if appeal is dismissed .
Advocate Bhartesh goyal
(Expert) 27 February 2011
Yes,Mr Bansal is right.In case appeal is dismissed by session judge then accused has to go jail.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 February 2011
Mention to the session court that you want to go the HC and apply of suspension of sentence till you go to HC and apply immediately to DC for bail.
More simpler and effective way is get some order prior to final judgement from the sessions court and go to revision to HC against that order.Till it is decided every thing will be abeyance.
sreenivasa Rao.P
(Expert) 28 February 2011
Mr.Umesh
You have to prefer an appeal against the orders of the lower court and seek suspension of sentence in the High Court.Dist.Court cannot grant or suspend the sentence.
sreenivasa Rao.P
(Expert) 28 February 2011
Mr.Umesh
You have to prefer an appeal against the orders of the lower court and seek suspension of sentence in the High Court.Dist.Court cannot grant or suspend the sentence.
KANDE VENKATESH GUPTA
(Expert) 02 March 2011
Dear Friends, the Sessions Court/District Court being the appellate court has no jurisdiction to suspend the sentence/grant bail to the accused while confirming the conviction. The only remedy to the accused is to approach the concerned High Court u/s 397 r/w 401 Cr.P.C. by filing the revision petition. Along with revision petition, the accused may also file an application to suspend the sentence/grant bail pending disposal of the revision.
