Is there any appeal against Sessions Court order for calling of lower courts records?
This is a case where the Accused was convicted by the lower court and the Accused appealed against it and the case was remanded back for taking fresh evidence, thereafter he was once again convicted. He has once again gone for appeal in Sessions Court.
The Judgement was pronounced on 30-11-07 and the Appeal was filed on 7-1-2008. A delay of 7 days. The delay is usually condoned.
The Accused appellant was ordered to pay 25% of fine amount and the accused having failed to pay the Sessions Judge vacated the stay on bail by its order dated 20-3-08. The sessions Judge further had advised the Respondent to comply its order by 4-6-08, but on 4-6-08 on the absence of Respondent’s advocate the court as ordered for calling of
The Appellant now gets an opportunity to proceed with the appeal without having deposited the fine amount. And once the Lower court record is brought to the Sessions bench the Accused/Appellant cannot be Arrested.
Now, can we advance the case and object for calling for lower court records unless and until the Appellant complies the order of depositing 25% of fine amount.
