Advocate Kunal Soni

Questions Answered by Advocate Kunal Soni

Q: Appeal in the high court against conviction for murder

My wife and younger brother were arrested and charged for attempt to murder his wife(younger brother). The case continued in session court and finally, court punished my wife for 4 years and my younger brother for 5 years. However, crime was not committed by them. Now I am seeking for bail to put the case before High court My question is how will it be done or what time period it will take please suggest how to proceed with it?

Advocate Kunal Soni answered
you have to seek bail from the high court only. We need to understand how much time convicts have undergone during the trial or after the trial. Generally high court considers bail in these cases after one third sentence is undergone.

Q: Appeal against sessions court order of allowing Revision Petition

I filed criminal case against 4 accused , out of which two accused filed a revision petition against the trial courts order of issuing summons to them. The sessions court allowed the revision petition and set aside the order of trial court and two of the accused got their names removed from the trial. I want to know that can I appeal against the sessions court order in which they have allowed the revision petition. Will it be possible to get the names of the two of the accused again included in the trial. To which court should I go for appealing ?

Advocate Kunal Soni answered
Yes order of sessions court can be challenged before the High Court. High Court can set aside the order and direct the trial court to proceed with the trial for all the accused. We will have to approach high court under 482 Petition.