Civil Procedure Code (CPC)

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jack (nothing)     11 September 2016

Bail for session court conviction with out arrest

Hi Experts, we are badly convicted ( 5 members)by a biased lady judge in trail court for 498A under limb(b). We have good grounds for appeal but out of my quericity I want to know the below question answer. 1) if session court confirms same conviction is there a way we can get bail with out arrest? 2) if there are any suggestions on this? Thank you.


 10 Replies


(Guest)
Better go to high court rather then session court

jack (nothing)     12 September 2016

With out session court HC not allowing. As per HC lawer I have to appeal in session court

Sachin (N.A)     12 September 2016

You cannot bypass the court of session and move to HC.

File an appeal in session, if session court also convict you before announcing the sentence you can challange the conviction in HC.

if session court confirms the order of trial court you can either ask the session court to stay on its own order and grant you to the time for appeal.

OR

You can take bail from the session court. 

1 Like

Sachin (N.A)     12 September 2016

There is a judgement of supreme court " if an accused who is on the bail, gets conviction, the courts should not pronounce the sentence of imprisionment because after that the bail of the accused will be cancelled and he will again move an bail application before appeallate court and it will increase the burden on appeallate court, The court should grant the time for appeal to the convicted so accused need not file bail petition again"

 

This judgement was for those who are going to be sentenced for less than 5 yrs.

Try to find this judgement.

Hope it helps!!

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     12 September 2016

498 A is easiest case to win but people complicate it.

 

You have been seeking advice here at every stage and thus confusing your self.

 

It seems that you had filed DIVORCE. During pendency of 498 A and DV cases divorce is great mistake.

Others who without much preparation file divorce and are slapped with 498 A  and DV.

Your half cooked pleadings in divorce case are used by other side in 498 A and DV cases.

 

Now even at this stage need not panic. Get a good advocate and fight the appeal, you can win it.

 

jack (nothing)     12 September 2016

Hi Yogeshwar, sorry I did not file diverse, I filed RCR on counter blast she filed 498A, DVC,MC. After cross examination of 498A she filed counter in RCR to dismiss, that is not admited in 498A.since her evidance is over by that time.

jack (nothing)     12 September 2016

Hi Sachin

Is this the judgement you are refering  

SUNDEEP KUMAR BAFNA  vs STATE OF MAHARASHTRA & ANR.

https://judis.nic.in/supremecourt/imgs1.aspx?filename=41343

Nitish Banka (lawyer)     12 September 2016

Go for appeal in session and apply for bail there

jack (nothing)     12 September 2016

Nitish : you mean if conviction is confirmed in session court we can get bail Immedetly with out remand?

Sachin (N.A)     13 September 2016

Originally posted by : jack
Nitish : you mean if conviction is confirmed in session court we can get bail Immedetly with out remand?

Yes, you will get immediate bail. Get the bail application ready. when judge pronounce the conviction submitt that application


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