SVG (why) 08 July 2014

Caveat in crminal case

Hi,

A was convicted in IPC 498A by FCJM in Andhra Pradesh and went on to appeal in an ADJ court. The appeal was allowed and the entire sentence by the trial court was upturned.

My query is :

a. Can the de-facto complainant appeal against the first appeal court's decision in the High Court. If yes, within how many days should the appeal filed?

b. Can the Prosecution (State) appeal against the first appeal court's decision in the High Court. If yes, within how many days should the appeal filed?

c. Independently, can the accused file a caveat? If so, under which provision (Section, rule,etc)

Requesting the experts to kindly enlighten me.

Thanks in advance

SVG

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2 Replies

mehmood (proprietor) 08 July 2014

can convicted party get bail on the spot bail against an order for criminal case under negotiable instrument act 138 in metropolitan magistrate court it self if so how much penalty he has to pay to the court my bounced cheque amount is rs.27 lakhs

SVG (why) 14 July 2014

Hi Mehmood,

Yes it is provisioned in the law, when an accused is conviction is for less than 3 years imprisonment sentence passed by the Metropolitan Magistrate . The sentence shall be suspended for 30 days by the Magistrate, upon filing an application by the convicted party immediately. The convicted party either has to provide fresh sureties or personal bond as directed by the Magistrate. Additionally, penalty /fine amount, if any, has to be paid up. Then convicted party shall go home without being sent to prison.

However, the convicted party has to appeal against the order in the Sessions Court within 30 days (not one month) and has to apply for (a) bail and (b) stay of the trial court's order. Fresh sureties is adviced to furnished everytime, so as to save time for procedures.

You may refer to CrPC Section 389 , subsection 3.