BAIL APPLICATION PENDING APPEAL

Guest (Querist) 15 June 2011 This query is : Resolved
Trial court convicted an accused till raising of the court and imposed a fine of Rs.1000/-.

The sentance having already underdone, convict filed an appeal without an application for suspension of sentance and consequently did not move a bail application.

Sessions court is insisting that the convict appellant move a bail application and furnish surety for appearnce of the Appellant during the appeal as a condition preced for hearing the appeal.

Is the Sessions judge correct? What is the provision under which he is insiting for filing a bail application?

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PALNITKAR V.V. (Expert) 15 June 2011
Bail is taken to ensure presence of an accused in court. in this case the convict has undergone the sentence of imprisonment till rising. But it is not clear if fine is paid. if fine is not paid, perhaps, the sessions court is right in asking for bail to ensure that you would remain present when called and pay fine if conviction is confirmed.

Guest (Expert) 15 June 2011
KINDLY NOTE THAT
1.THE ACCUSED IS CONVICTED .
2.CONVICTED ACCUSED CAN IMMEDIATELY FILE AN APPLICATION IN THE SAME COURT PASSING JUDGEMENT FOR SUSPENSION OF SENTENCE TILL FILING OF APPEAL AND SUBMIT SURETY DOCUMENTS TO THE COURT AND ALSO PAY FINE IF ANY IMMEDIATELY.
3.APPEAL PERIOD IS 30 DAYS HENCE ALONG WITH APPEAL APPEALLENT ACCUSED SHOULD SUBMIT THE CASH RECEIPT OF FINE (IFANY)PAID IN COURT,AND APPLICATION FOR SUSPENSION OF SENTENCE AND ALSO APPLY FOR BAIL AND SUBMIT SURETY IN COURT AS THE SURETY HE HAS SUBMITED TO THE LOWER COURT CONVICTING HIM IS VALID TILL FILING OF APPEAL.
THIS IS LEGAL PROCEDURE IN CASE OF CONVICTION OF ACCUSED WHO IS FILING APPEAL.
4.IN GIVEN CIRCUMSTANCES, IT SHOULD BE NOTED THAT THOUGH SENTENCE WAS JUST FOR ONE DAY ,WHETHER ACCUSED SUBMITED APPLICATION FOR SUSPENSION OF SENTENCE TO THE COURT CONVICTING HIM. IF NOT THEN SENTENCE WILL BE COMPLETE.
5 AFTER COMPLETING THE SENTENCE IF APPEAL IS FILED THEN THE SAID PERSON SHOULD FOLLOW THE USUAL PROCEDURE MENTIONED ABOVE FOR FILING APPEAL .GOOD LUCK.

deepak kumar (Expert) 15 June 2011
it is not clear whether fine has been paid, if not then he will be required to obtain an order for suspension of sentence relating to fine.
there is no point in filing a bail petition as the convict is not in jail and as the appeal is against his conviction there is no need to ensure his/ advocates presence as the appellate court has to pass judgement on merits of the case.
if the appeal gets allowed he will be spared from payment of fine and the blot on his records will be removed
if appeal gets dismissed then he will have to pay the fine
AS THE SECTION FOR GRANT OF BAIL AND SUSPENSION OF SENTENCE ARE SAME (389 CrPC) as such the court is insisting for a petition u/s 389

Guest (Querist) 15 June 2011
In this case fine also was paid on the same date of sentancing and that is why no stay was obtained from the trial court nor an application for suspension of sentance filed in Appellate court.
Therefore I found sessions judges insistence strange.

Perhaps the sessions Judge may be insisting on account of S.437-A of Cr.P.C (2008 amendment)

Whether S.437-A would apply to the facts of the present case?

PALNITKAR V.V. (Expert) 16 June 2011
I am doubtful if Sec. 437A applies in your case. Had the sentence been suspended, I could have understood. But you have already undergone the entire sentence. so what will happen even if the appeal is dismissed either due to your absence or on merits. The conviction and sentence would sustain. But no fresh warrant can be issued for execution of sentence. So what is the purpose of asking for bail.

Guest (Querist) 16 June 2011
Thank you Palnikar sir.

Guest (Querist) 16 June 2011
Palnitkar sir,

could you please give your views on the discussions on the postings "Doubts about s.437A Cr.p.c." in the Forum section of LCI.
Thanks

BAIL APPLICATION PENDING APPEAL

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