Legal Question in Criminal Law in India
If a person is on the bail and convicted by district court, will be arrested just after the conviction or he will get time to file case in upper court ?
Or can he avoid arrest by any way ?
4 Answers from Attorneys
Depends upon order of sentence. Normally, sentence is pronounced in the presence of the accused and after pronouncement he is required to be taken into custody, unless the court grants him conditional/interim bail till the appeal period.
It depends on the offences under which he is convicted, for which he may get bail from the same court or if it is not a henious offence (offence for which punishment is upto 2 years Imprisonment) he may get released under probation of offenders act 1958, and dealt accordingly..
bail can be sought for the period between pronouncement of judgment and filing of an appeal. an in appeal, an application for suspension of sentence can be filed.
If sentence is less than 3 years, then you may apply and get suspension and bail before trial court. Else, on conviction, immediately taken into custody and sent to jail.
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