Civil Procedure Code (CPC)

Surities in lower court get cancelled when we file an appeal in appelate court??

This query is : Resolved 

29 November 2011

Hi Expert,

I have been convicted in 9 cases of similar type for 3 years in each case and fine of 25K in each case(Criminal) in Tis Hazari on 15.11.11

I have also got Suspension of sentence today from the court till 15.12.11(30 days from the date of judgement) on surities of 50K in each of the 9 cases.

Now my appeal is ready to be filed in DHC.
So my question is that when I file an appeal , my surities will get cancelled and I have to surrender to trial Court ?? or the Suspension will get continue till 15.11.11?

I.S.Roy,AdvocateOnline (Expert)
29 November 2011

Dear Sir
After getting bail from Appeal court again one should produce the sureties

with regards

Shonee KapoorOnline (Expert)
29 November 2011

You would need to produce surities again at appellete court stage.


Shonee Kapoor

Devajyoti BarmanOnline (Expert)
30 November 2011

You challenge in the appeal the judgement of conviction n, not the order of suspension of sentence.

If the appellate court does not touch the suspension order then there would be no requirement for fresh sureties.

Rajeev Kumar (Expert)
30 November 2011

Agree with Barman

venkatesh RaoOnline (Expert)
30 November 2011

With due respect, i am not in agreement with learned Burman ji. The bond taken by the convicting court is to ensure your presence in case of non filing of appeal or to get the sentence suspended by the court of appeal. Till the date granted by the convicting court you can be on bail. At the worst event, you can not get the order suspended within the time limit, you have to approach the convicting court and get the period extended and the time extension ipso facto carries with it the continuation of surety bond.
Once you get the order and sentence suspended, the court of appeal orders you to execute fresh bonds with surety in the trial court for its satisfaction.

1. The main condition in the bond for suspension of the sentence by the trial court is that appeal will be prefered and stay order will be produced or else will appear and suffer sentence and till THAT TIME the bond will be in force. Once the stay is granted, this bond expires.
2. The main condition in the bond executed after getting stay order from the court of appeal is that in case the appeal fails, you will appear and receive sentence.

M/s. Y-not legal services (Expert)
01 December 2011


in appeal court once again you have to pray with a miscellaneous petition that as "suspense the sentence till the pending disposal of the main appeal"

and about producing the sureties you have to produce it while pray the suspension of sentence before the trial court., no need before the appeal court.,

M V GuptaOnline (Expert)
01 December 2011

I agree with the observations of Shri Venkatesh Rao.

Devajyoti BarmanOnline (Expert)
03 December 2011

The bond given in the trial court continues even in the appeal court.

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