Rape Case Imprisonment

Querist : Anonymous (Querist) 15 June 2011 This query is : Resolved
hi
One of my close realitive in Uttarpradesh has been got the punishment of raping a girl he has got imprisonment for 10 yrs he is in Allahabad Jail... He is married and therefore his wife is in immense tension, Is it possible for her to file a bail application for his realse and what are the chances of him getting bail and how much will be the time frame require and how much money will be needed..

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adv. rajeev ( rajoo ) (Expert) 15 June 2011
He has to file an appeal against the judgement. He can try for bail, but granting of bail is highly impossible in the high court, because he is punished for 10 years.

Ravikant Soni (Expert) 15 June 2011
So you should try in the concerning high court bench.

deepak kumar (Expert) 15 June 2011
first he will have to file an appeal before appropriate bench of High Court and with it a bail petition for grant of bail during pendency of appeal.
the bail petition will be filed on his behalf and it can not be filed on behalf of his wife

Kiran Kumar (Expert) 15 June 2011
file an appeal with in the prescribed period and simultaneously file an application for suspension of sentence as well.

since the offence is of grave nature so dont expect immediate relief.

if the Bench is not inclined to suspend the sentence immediately then dont insist for it better to withdraw the application for suspension of sentence and file the same again after some time.

PALNITKAR V.V. (Expert) 15 June 2011
Yes appeal has to be filed first. Chances of getting bail will depend upon the facts of the case and evidence that has come on record. It is not that he will not get bail at all. Sometimes, the convictions are moral! in such cases there are fair chances of bail.

Sarvesh Kumar Sharma Advocate (Expert) 16 June 2011
Sometimes, the convictions are moral!

FILE APPEAL!

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