How To Get Bail

if the sentence is less than 3 yrs then you can file bail (interim suspension of sentence) in the same court better on the same day.. they will suspend for 1 month for filing appeal.. Within that time u should file appeal and Suspension of sentence petition in higher court.. and where they give bail (interim suspension) until the appeal disposed

Dear Sir, Please follow opinion of my Ld. Advocates.

Section 389 of the Criminal Procedure Code deals with suspension of sentence pending the appeal; release of appellant on bail is very much relevant and is reproduced as under:- " Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond. Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release: Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail. The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by convicted person to a Court subordinate thereto.Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,-where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, orwhere the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under Sub-Section (1), and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced." For further advice please click on the consult iconagainst my name in the advocates tab.

After conviction order move an Appeal before Hon'ble High Court together with Bail Application if need more clarification then you may contact us. Advocate Anurag Bhatt Allahabad High Court