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Swami Sadashiva Brahmendra Sar (Nil)     21 August 2009

Appeal against conviction but, before sentence

Dear friends,

can an appeal be filed before the High Court conviction only i.e. where the sessions court has convicted the accused but adjourned the case for hearing/ order on the question of  sentence?



Learning

 5 Replies

K.C.Suresh (Advocate)     21 August 2009

NO sir.

SHEKHAR MISHRA (public servant)     21 August 2009

appeal  is  preferred  only when  the  trial is concluded, so u can't  appeal before the order  oof sentence has been passed.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     21 August 2009

You can only file an application before the session court to get the bail till appeal, but you can not file an appeal before High court without decision of session court.

Your further clarification is welcome at nominal fee at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

CHANDIGARH (INDIA)

We also have branches all over India.

With Regards

Swami Sadashiva Brahmendra Sar (Nil)     21 August 2009

Correction - kindly read "against " before the word "conviction".

Mr shekhar Kumar's answer invites another issue that at what of the following three stages the trial is said to have been concluded  :

a. conclusion of arguments after aducing evidences.

b.  delivery of judgment  

c. if accused has been convicted and matter is to be heard on the question of sentence, when the  order of sentence is passed.

Bhumik Dave (Law officer)     22 August 2009

I m fully agreed with mr. Kamal

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