• Arresting accused till he gets bail

Hi ,I am the complainant.
Now trial court is convicted accused for 1 /2 yrs for IPC 420 and approved bail for 30 days to apply bail.
and Accused filed the appeal and I.A for for stay of suspension of sentence till the appeal is disposed.

1.Can Accused can be arrested , as trial court 30days bail expired and currently no bail granted nor suspension of sentence granted by sessions court.

2.where can we request to arrest accused against conviction till session court grant bail and suspend the sentence till appeal disposal.
3.As a complainant can I file objections to Bail and suspension of sentence or only PP can file objections? 

4.Any alternative solution to Arrest CONVICTED PERSON , as he has admitted in cross examination about abuse of process court and cheating third party by inducing his property.
Asked 4 years ago in Criminal Law
Religion: Hindu

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11 Answers

1. As per law, the said accused is having his right to take bail after producing surety before the court for filing an appeal against the said conviction order . 

- If the higher court not stayed the order of the convicted court then he may arrest.

2.When he will file the appeal before the session court then after receiving the notice of the said court you can oppose against him .

3. Court is bond to give him chance but if evidences are against him , then session court can continue the trial court order. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

1. Yes

2. To the concerned police station where FIR was lodged. 

3. Yes

4. Same procedure as stated above

Prashant Nayak
Advocate, Mumbai
34577 Answers
249 Consultations

Since appeal is pending he would not be arrested 

 

2) you can request that accused be arrested 

 

3) you can file your objections 

Ajay Sethi
Advocate, Mumbai
99863 Answers
8148 Consultations

1. Under the normal circumstances the accused may be arrested beyond the period of suspension if the suspension has not been extended nor the bail has been granted, however due to covid situation, your advocate can request the court to extend the suspension of sentence.

2. The same court which has granted the order of suspending the sentence has to  be approached.

3. As a defacto complainant you may also file an intervene petition and record your objections. 

4. There is a general order across the country to extend the stay orders till a stipulated period which is being extended periodically, hence if this case comes under that category then the court may not accede to your objection or request to arrest the accused. 

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

1. Yes, he is liable to be arrested since his bail period is over now.

 

2. You can file the petition before the trial court.

 

3. You can also file your objection after taking leave from the Sessions Court.     

 

4. You can not seek arrest as solution of your problem. You can seek jJustice from the Court. take the steps suggested above to get the Justice. 

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

You can file an intervene petition to record your objections before the concerned court. 

You can file the petition directly through your lawyer 

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

- If the appeal period has crossed , and no stay on the conviction granted then atomically police will arrest him , and the said appellate court will return the file to trial court. 

- Further, you can also file your reply against the appeal of the accused as well. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Make an application in sessions court wherein appeal is pending 

 

engage a local lawyer 

Ajay Sethi
Advocate, Mumbai
99863 Answers
8148 Consultations

1. You shall have to file the application before the trial court seeking direction on the police to arrest the accused.

 

2. You shall have to file the application through your  lawyer. 

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

1. Yes. 

2. Can apply to the court to issue conviction warrant

Prashant Nayak
Advocate, Mumbai
34577 Answers
249 Consultations

Dear Client,

According to the Allahabad High Court in the matter of Suneel Kumar Singh vs State Of U.P. [Crl. Misc. Application No.22715 of 2019], if the victim or complainant can file a cancellation of bail, then he/she can also oppose the bail prayer or accused or convict.

Hence, you can file an application before the Hon'ble Court to oppose such granting of bail.

Thank you.

Anik Miu
Advocate, Bangalore
11021 Answers
125 Consultations

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