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?
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.