Legal Question in Criminal Law in India
one of my friend had been accused in a case U/s 306 IPC and jailed under J/C for one year. He has been awarded bail by the Apex court. Case trial is going on now. Unfortunatedly, he may be confirmed convict by the trial court, will he arrest immediately after the judgement and send him to Jail without giving an opportunity to go for appeal
3 Answers from Attorneys
he may seek bail from the trial court and in the absence of bail orders, once appeal is filed, suspension of sentence may be prayed for and the sentence may be suspended till the pendency of appeal.
i agree with Adv Gupta
If sentence on conviction is 3 years or less, then trial court can suspend sentence for a reasonable time for preferring an appeal and getting appropriate orders from the appellate court. For a higher sentence, only appellate court can give relief of suspension, bail etc.
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