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 a title to the 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 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 the arrest
2. After the Arrest, and
3. After the Conviction/Sentence.
Talking about types of bail these are the different categories –
- Interim Bail – This type of bail is for a certain period of time granted before hearing to the prosecution.
- Permanent Bail – Permanent bail is granted only after hearing to the petitioner a well as the prosecution.
- Bail Before Arrest – It is granted when the facts show the accused is falsely involved in the case and an arrest would affect his honor and dignity.
- Bail On Arrest – Bail can be granted for both bailable as well as non-bail able offences Under Section 497 of Cr. Pc after the accused is arrested against a charge.
- Protective Bail – Protective bail is granted by provincial court so that the accused can get pre-arrest bail without touching its merit.
- Directly Approaching Superior Court– The Superior Courts can grant pre-arrest bail in some appropriate cases directly if the accused has been deprived or prevented from approaching lower courts.
- Bail For The Convict – Once convicted, bail is granted to the accused even if the appeal for the same is accepted if court finds that there are considerable grounds for his/her release.
- Anticipatory Bail-Anticipatory Bail is granted when the accused may rightfully fear arrest in cases of cognizable offences. Depending on the allegations, an accused may be able to avoid arrest altogether. However, there are cases in which arrest is made and the accused is set free as per the provisions under the Criminal Procedure Code. In cases pertaining to dowry, anticipatory bail comes as a relief to many accused person. It is literally applied for in anticipation of arrest.
Below we are discussing about the third stage of the bail i.e. Bail after the Conviction and same is also called a suspension of sentence.
Yes, the legal system has given one another provision for getting the bail to the accused person i.e. after conviction/sentence. 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 of this fact that accused can get also the bail after the conviction from the court.
After pronouncing the conviction/Sentence to the accused person, court grant the bail to the accused for filling the appeal in the higher court it’s called suspension of sentence.
About Bail pending appeal
If a bail appeal is pending before the court
If the court is delaying the bail appeal this might because the court requires the appeal in writing by a convicted person. The sentences can be suspended against the convict if the convict is in confinement.
A person convicted by the High Court they can get bail if the person satisfies the court that he intends to present an appeal the bail can be granted in two circumstances.
- The offence of which the person has been convicted is bailable.
- The person is sentenced to imprisonment for a term not exceeding 3 years. The bail in these cases is granted for period, providing sufficient time to the accused to file appeal and obtain bail from the appellate court.
- If the accused is finally sentenced to imprisonment, the time during which he was released on bail as is excluded in computing the term of his sentence. If an appeal is filed against accused by the state or the complainant, the High Court may issue a warrant for getting the accused arrested or it may either grant him bail or may imprison him.
When Court grant the Suspension of Sentence –
Everyone who has to face a criminal trial, fight the case with only one motive that the court declares innocent to him and acquit from all criminal charges. Sometimes the person succeeds and gets acquittal order from the court and sometimes person court declares 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 pronounces the sentence below the three years to the accused then the same court has the power to release the accused on suspension of sentence and if court pronounces the sentence above the three years then higher court has the power to release the accused on suspension.
When Conviction is On the 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, the conviction will be always higher side.
When the conviction is higher side then only the High court of the state and Supreme Court of India has the power to grant a suspension of sentence.
When to 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.
To get the suspension of a sentence from the High court, the accused person has to spend some time as 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 examining 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 passes the order about accused person is liable for suspension or not.
AdvocateinChandigarh has huge experience in dealing with such cases. Our experienced criminal lawyers make the people aware of the procedure of law and filling the petition before the High Court Chandigarh for Suspension of the sentence.