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Santosh Kamble (Manager)     06 August 2022

Jail term & sentencing after bail cancellation

Respected Members,

A close family member is currently out on bail from the high court after getting convicted for section 235 (2) of the Criminal procedure Code for an offence punishable under Sections 332, 353, 504,506 read with Section 34 of  Indian Penal Code.

He was given a term for 1 year rigorous imprisonment with all punishment running concurrently.

My question is that can he cancel his bail from the high court and accept the sentence

Second what is the jail term in Indian means does he have to complete 1 full year is there any holidays in a month as i have heard from other prisoners whom I overheard in the court proceedings.

You reply Will be appreciated.

 



Learning

 1 Replies

Swadha   09 August 2022

It should be noted that life imprisonment can be 16 years, 30 years, or forever, but not less than 14 years. The state government must ensure that criminals who have been sentenced to life imprisonment are not released before the shortest 14-year imprisonment period expires. 

Section 235 (2) of the 1973 Code enjoins on the Court that after passing a judgment of conviction the Court should stay in its hands and hear the accused on the question of the sentence before passing the sentence in accordance with the law.


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