Criminal Appeals in the Patna High Court: Suspension of Sentence and Bail Pending Appeal

Where the appeal lies

An appeal against conviction by a Sessions Judge or Additional Sessions Judge lies to the High Court under Section 415 BNSS (formerly Section 374 CrPC). At the Patna High Court, criminal appeals are registered as Cr. App. (SJ) when heard by a single judge, or Cr. App. (DB) when heard by a division bench, depending on the sentence and the High Court's rules.

Limitation

Under the Limitation Act, 1963, an appeal against conviction to the High Court must ordinarily be filed within sixty days of the sentence, excluding the time taken to obtain a certified copy of the judgment. Delay may be condoned on sufficient cause, which must be explained in an application.

Suspension of sentence and bail

While the appeal is pending, the appellant may apply under Section 430 BNSS (formerly Section 389 CrPC) for suspension of sentence and release on bail. Where the sentence is death, life imprisonment or ten years or more, the Public Prosecutor must be given an opportunity to oppose in writing. For fixed-term sentences, the Supreme Court has said that suspension should ordinarily be considered liberally where the appeal is unlikely to be heard soon, as in Bhagwan Rama Shinde Gosai v. State of Gujarat (1999).

What the High Court considers

• The length of the sentence and the period already undergone
• Whether the appeal is likely to be heard in the near future
• Apparent weaknesses in the evidence or the judgment
• The appellant's conduct on bail during the trial
• Criminal antecedents and the risk of absconding

Documents for an appeal

• Certified copy of the judgment and order of sentence
• Lower court record, which the High Court calls for
• Custody certificate from the jail, if in custody
• Details of the period undergone and of bail during the trial

Appeals against acquittal

The State may appeal against an acquittal under Section 419 BNSS with the leave of the High Court. A victim may appeal under the proviso to Section 413 BNSS against an acquittal, a conviction for a lesser offence or inadequate compensation.