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    Bail After Conviction From High Court

    Meaning of Bail

    Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority. The monetary value of the security, known also as the bail, or, more accurately, the bail bond, is set by the court having jurisdiction over the prisoner. The security may be cash, the papers giving title to property, or the bond of private persons of means or of a professional bondsman or bonding company. Failure of the person released on bail to surrender himself at the appointed time results in forfeiture of the security. The law lexicon [1] defines bail as the security for the appearance of the accused person on which he is released pending trial or investigation.

    Types of  Bail

    In a criminal case, an accused person must require bail to prove innocent to him in a case.  There are three stages in a case where an accused person can apply for the bail. 1. Prior to arrest, 2. After the Arrest and 3. After the Conviction/Sentence.

    Here we are discuss about the third stage of the bail i.e. Bail after the Conviction and same is also called as suspension of sentence.

    Yes, legal system has given one another provision for getting the bail to the accused person i.e. after conviction/sentence. In Under Section 389 of Cr.p.c court can grant the bail to the accused person even after the conviction. Most of the people are not aware about this fact that accused can get also the bail after the conviction from the court.

    After pronouncing the conviction/Sentence to accused person, court grant the bail to the accused for filling the appeal in the higher court it’s called suspension of sentence.

    When court grant the suspension of sentence

    Everyone who have to face a criminal trial, fight the case with only one motive that court declare innocent to him and acquit from the all criminal charges. Sometimes person succeed and get acquittal order from the court and sometimes person court declare guilty to the accused person of criminal charges.

    Now when the court declare guilty to the accused person then court immediate pronounce the sentence to him, if the court pronounce the sentence below the three years to the accused then same court has power to release the accused on suspension of sentence and if court pronounce the sentence above the three years then higher court has power to release the accused on suspension.

    When conviction is Higher Side –

    If we talk about the big crime like 302 (murder), 376 (rape), 366,363 (kidnapping), 395,396 (robbery), 307 (attempt to murder), 306 (abetment to suicide). In that kind of cases conviction will be always higher side.

    When conviction is higher side then only High court of the state and Supreme Court of India has power to grant suspension of sentence.

    When apply for suspension of sentence in High Court –     

    Freedom is the right of every citizen. But when a person is held convicted by a court and send behind the bar in that case, he can’t say freedom is his right but he can avail all remedy for getting the freedom as per law. A convicted person can’t claim the suspension of sentence not as his right its only discretionary power of the court.

    For getting the suspension of sentence from the High court, accused person have to spend some necessary in the jail. After spending the time in the jail accused person can file the application for the suspension in the High Court and after examine the fact of the case, awarded sentence to the accused, check the criminal record of the accused and period of undergone of the accused, high court passed the order about that accused person is liable for suspension or not.

    Advocateinchandigarh have huge experience of dealing with of such cases. Advocateinchandigarh aware the people about the procedure of law and filling the petition before the High Court Chandigarh for Suspension of sentence.

     

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