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Is it possible to get stay on verdict
10-Feb-2023 (In Criminal Law)
hello Experts! myself Durgaprasad! my wife filed case on 354D IPC, the admant majistrate with out hearing our argument with fixed mindset convicted me for 1 year! fined 3 thousend. immidiatly we filed pitition in apealate court. now it is running! we have filed a petition under section 391 for further evidence, it was still in pending. the judge asked me to compromise with girl. even majistrate made a mistake how could she convit the husband under 354D ipc? the same i question registry AP high court registry it was pending, i doubt the district judge he will upheld the conviction without going through the merits. so i need your help to get ridoff going to jail even he convicted again. is there any way to get stay on conviction.before hand?
You will have to apply for the anticipatory bail in case you want to be free before hand during the trial.
Section 354D of the Indian Penal Code refers to Stalking.
Applicable when a woman is accosted by a man unknown to her or if she is not interested in a person.
This section cannot be applied to married couple.
However it is applicable if the couple are contesting a divorce suit or living separately.
Section 354D of the Indian Penal Code refers to Stalking.
Applicable when a woman is accosted by a man unknown to her or if she is not interested in a person.
This section cannot be applied to married couple.
However it is applicable if the couple are contesting a divorce suit or living separately.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Hello Mr.Durgaprasad,
Since your appeal is under process, you need to fight the case on merits and try to overturn the sentence of the magistrate. How can you predict that the sessions judge will uphold the magistrate sentence? There is no separate stay on conviction as you are appealing against the sentence of the trial court and it is the remedy for the accused to avail and you are availing it. Try to win your case in the appellate court. Also when the judge is saying to compromise with the girl, what's the point in fighting the case and wasting your precious time? Compromise with the girl and live happily.
Since your appeal is under process, you need to fight the case on merits and try to overturn the sentence of the magistrate. How can you predict that the sessions judge will uphold the magistrate sentence? There is no separate stay on conviction as you are appealing against the sentence of the trial court and it is the remedy for the accused to avail and you are availing it. Try to win your case in the appellate court. Also when the judge is saying to compromise with the girl, what's the point in fighting the case and wasting your precious time? Compromise with the girl and live happily.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Dear Concerned, since your review petitions are still pending it will be wrong on your part to assume that you would be convicted again. Keep patience and have trust in judiciary. Your advocate should strongly represent your point of arguments. Even in case you get convicted you can file and get interim bail. In case you feel need for second opinion in your case, you may approach us for further legal assistance. We do deal in such cases in Hyderabad/Sec’bad courts.
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Adv. Moizuddin Ali Ahmed
Hyderabad | 25+ Answers
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