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Rajinder Kumar (ऐसा)     16 September 2016

2nd appeal. bail or jail?

One person is sentenced u/s 420 and 471 IPC from lower court. He appeals in session court and gets bail.  He loses at session court also.  Now he will go to highcourt.  Meantime he will get bail or he is to go jail during appeal in high court?



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 2 Replies

Rohit Subbayya (Advocate)     16 September 2016

As far as my knowledge goes, If punishment is more than 3 years, then he has to apply for bail before HC, till then he will be remanded to custody. If it is less than 3 years, then the appellate Court itself can grant interim bail. 

 

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Sachin (N.A)     16 September 2016

If the sentence is under 5 years on the spot bail else have to go under imprisionment


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