cancellation of suspension of sentence
9 months ago
the accused in 138 matter has been convicted by the Magistrate, however his sentence has been suspended for facilitating him to file an appeal. it has been seven months since then, the complainant has not received any summons from any appellate court
A.Dear client,
While an appeal is pending, the appellate court can suspend an accused's sentence, and the reasons for the suspension must be stated in writing. It can also order the accused's release if he is held in detention on bail and files his own personal bail bond.
In the context of an appeal, the High Court can exercise the authority conferred on an Appellate Court by this section.
If a convict informs the Court that he intends to appeal the judgment in which he was found guilty, the Court shall:
While on bail, if the person is sentenced to less than three years in jail, or
If a convict's sentence is suspended while he is on bail for a bailable offence, his sentence is presumed to be suspended unless there are extraordinary reasons for refusing bail.
If the appellant is ultimately sentenced to a period of imprisonment or life in prison, the time he is released will be deducted from the sentence.
While an appeal is pending, the appellate court can suspend an accused's sentence, and the reasons for the suspension must be stated in writing. It can also order the accused's release if he is held in detention on bail and files his own personal bail bond.
In the context of an appeal, the High Court can exercise the authority conferred on an Appellate Court by this section.
If a convict informs the Court that he intends to appeal the judgment in which he was found guilty, the Court shall:
While on bail, if the person is sentenced to less than three years in jail, or
If a convict's sentence is suspended while he is on bail for a bailable offence, his sentence is presumed to be suspended unless there are extraordinary reasons for refusing bail.
If the appellant is ultimately sentenced to a period of imprisonment or life in prison, the time he is released will be deducted from the sentence.
Helpful
Helpful
Share
Read Related Answers
Fake cheque bounce case
Dear Client,
To address a false complaint or false criminal proceedings filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal...
FD as a security for bail
Dear Client,
Generally, FD can considered as a legitimate form of security for bail in cheque bounce case. However, in most of the cases it involves specific procedural requisites, wherein, the bank c...
Cheque bounce due to stop payment.
Dear Sir,
You just file cheque bounce case against him and then let him contest the case and prove his defence which is very hard.
Cheque bounce
Dear Client,
According to Section 138 of Negotiable Instruments Act, cheque bounce is a punishable offence with an imprisonment of up to two years and fine up to twice the amount of cheque. So, the ag...
Cheque bounce case
Dear Client,
a cheque bounce case under sec 138 of the NI act must be filed within 1 month of the act and legal notice must be sent within 45 days of the offence, but if the arrest is made 5 years af...
Read Blogs on Cheque Bounce
Cheque Bounce Lawyers
Find Lawyers by Location
