What are the grounds on which Bail is granted ?

My father was acquitted in PCA act but convicted in ipc sec 420.He is physically handicapped and is 60 years of age.He took charge of office after 6 months of occurence of crime.He was not involved but got convicted. The decision came after 20 years of trial.We have filed the case in High court.Will he get bail and more importantly suspension on sentence given by lower court

Answers (4)

90 votes

Dear Sir,
Consideration for case for grant of suspension of sentence depends and varies on facts of every case. However, it also depends on the quantum of sentence, lesser the sentence, easier it gets to procure suspension of sentence, physical condition of the applicant also becomes a consideration. As i understand, an appeal has already been preferred and must have been filed alongwith application of suspension of sentence, hence substantially everything required to be done at your end is already done and grant or rejection of application would depend on facts of the case and there is no straight jacket formula to tell if the suspension will be granted or not.
Thanks and Regards.

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107 votes

Yes.. definitely he will get bail from from high court. As the offence is of 20 years back and the applicant is above 60 years of age and more over handicapped. As there are plethora of judgments which says that the if there is no involvement of the applicant is the said criminal activity, he should not be convicted or made as an offender in criminal cases. Even suspension of sentence can be given upon the non involvement of the applicant as he has no role to play in the said criminal activity which he got punished under section 420 IPC. The basic ingredients of PCA. Is involvement of the applicant if that has not be proved by the prosecution in lower trial it’s easily to get bail under suspension of sentence U/S 389 of CRPC. Hence I found it a good case to get bail.

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302 votes

Looking to the facts which you have illustrated, the court will consider his age and the maximum sentence awarded by the trial court for suspension of sentence. The suspension of sentence amounts to bail at the trial stage. Other facts may be considered at the time of final argument of the case.

72 votes

Yes your father who has been convicted of ipc sec 420 can get a bail by the help of high court. My suggestion is that you should file an urgent hearing application in the high court and for further details you can contact me.

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