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Author Topic: 498A - Right to appeal in High Court  (Read 595 times)

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Offline rosesandthorns

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498A - Right to appeal in High Court
« on: April 26, 2016, 10:52:10 PM »
In spite of having all material documents in 498A case, my friend has been convicted to three years in prison in the lower court and the court of Additional District Judge.  Now he is thinking whether to appeal to the High court within the stipulated 90 days or be an absconder as he has been mentally tortured by his wife very badly and can't accept that he has to go to jail without any reason just because the courts are biased towards women.  He also has some constraints within 90 days so that it is very difficult for him to surrender within the stipulated limitation period.

If he absconds, then does he lose his right to appeal after 90 days of the conviction date?  What if he surrenders after a year, can he fight his case in High court then or he has to serve his sentence in full without any further hearing?  In other words, if he surrenders after the limitation period to appeal is over (say after a year), then will the high court hear his case, or just compel him to serve his sentence?

Eagerly waiting for reply. 
Thanks in advance.

Offline rosesandthorns

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Re: 498A - Right to appeal in High Court
« Reply #1 on: April 26, 2016, 11:12:10 PM »
My friend has been granted bail by the family court on the basis of irretrievable breakdown of marriage.  The principal judge was pretty convinced that it is the wife who is cruel and mischievous, so he granted decree of divorce.  It seems the additional district judge did not consider anything while pronouncing the judgement convicting my friend.

Offline advjaibansal

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Re: 498A - Right to appeal in High Court
« Reply #2 on: April 28, 2016, 02:38:03 AM »
Dear Sir,

Under the circumstances explained by you, your friend should file an appeal to the High Court rather than running away. Running away will not help and by filing appeal he will be getting bail from the high court during the pendency of the appeal as the convocation is only for three years. He may have a great chance to win the case as he has been granted divorce by the court below. But at the same time convicted in the criminal case. Even if he tries to run, he cannot run away for a long time and ultimately will be sent to prison if not filed any appeal or something.

Please feel free to revert back in case you need any clarification.

Regards,
jai bansal
advocate, new delhi
supreme court of india
bansal.jai@gmail.com
mobile: 9868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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