High Court Stay On Conviction By Lower Court

560 votes

Stay of conviction refers to a legal order that temporarily halts the enforcement of a criminal conviction or sentence pending the outcome of an appeal. When a person is convicted of a crime, they have the right to appeal the decision to a higher court. If the convicted person files an appeal, they can request a stay of conviction from the appellate court. If the court grants the request, it means that the conviction and any sentence will be put on hold until the appeal is decided. This allows the convicted person to remain free while their appeal is pending, rather than being immediately taken into custody or having to serve their sentence.

Section 389 of the Code of Criminal Procedure, 1973 pertains to the suspension of sentence pending appeal and the release of the convict on bail. This section allows the Court of Sessions, for reasons to be recorded in writing, to order the suspension of the sentence or order appealed against and also release the convicted person on bail. The High Court to which such Sessions Court is subordinate may also exercise the power under this section.

However, there are two provisions to be noted here. First, before releasing a convicted person on bail or on their own bond, who has been convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, the appellate court shall give an opportunity to the public prosecutor to show cause in writing against such release. Second, in cases where a convicted person is released on bail, the public prosecutor has the right to file an application for the cancellation of the bail.

Furthermore, if the convicted person satisfies the court by which they are convicted that they intend to present an appeal, and if they are on bail, the court shall order that the convicted person be released on bail unless there are special reasons for refusing bail. The sentence of imprisonment shall be deemed to be suspended as long as the convicted person is released on bail.

Advocate Sudershani Ray LawRato

639 votes

the delhi high court has power to suspend the sentence under the provisions of CrPC if it feels that there is a prima facie case in favour of the appellant and that he has been wrongly convicted. totally depends on the facts and circumstances of the case.

Advocate Rohan Sharma LawRato

807 votes

Hi,

An appellate court (High Court as per your query) cannot put a stay on the order passed by the trial court unless an appeal has been preferred by the convict.

However, section 389 of the Code of Criminal Procedure, 1973 provides, “Suspension of sentence pending the appeal; release of appellant on bail”. Under provision (1) of this section, the appellate court may upon appeal by the convicted person may allow suspension of the order and allow release of the convict against the confinement on bail.

For more details and in the case there is a need for an appeal against any impugned order by the Sessions Court, you can contact me.

Regards,

Kabir Hazarika, Advocate

Advocate Kabir Hazarika LawRato

503 votes

hello client asyou are asking tht you wish to obtain stay on the punishment given district court by higj court of delhi . yes it is possible to obtain a stay by the high court in the process by filling an appeal in the high court of delhi then ot can be possible.

Advocate Vishwanath Pratap Singh LawRato