Legal Question in Criminal Law in India
If a person is convicted for sections 380,465,467,468,471 for forgery, cheating etc by the trial court does he have to be arrested immediately? what happens if he appeals in the High Court? Within how much time will the matter be disposed in such a case? Can we make a application to speed up the hearing? Thank You.
3 Answers from Attorneys
convicted person can first file an application for suspension of sentence in lower court till appeal and then in appeal within 60 days high court can also accept your pleas for suspension of sentence. your counsel in appellate court will guide you everything. you can let us know your location, may be we can assist you in court.
If sentence is less than 3 years, same can be suspended and accused can be released on bail/bond.
Appeal would lie to high court only if trial was conducted by court of sessions. If trial was conducted by magistrate, then appeal would be before the court of sessions.
Time required for appeal depends on several factors. However, if accused is in custody, then it is mandated for early hearing.
in such a case, the court may grant time to the accused to file an appeal or may issue warrants of arrest of the accused. the accused must file an appeal along with an application for suspension of sentence before the high court.
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