What is the time limit to file a criminal appeal in the Bombay High Court?

An appeal to the High Court against conviction is generally to be filed within 60 days of the judgment (30 days for appeals to other courts, and for appeals against a death sentence). Delay can be condoned if sufficient cause is shown, but it should not be relied on.

Can a convicted person get bail while the appeal is pending?

Yes. Under Section 430 BNSS the appellate court can suspend the sentence and release the appellant on bail. It is discretionary and depends on the sentence, custody already undergone, the strength of the grounds of appeal and conduct during trial.

Does suspension of sentence mean the conviction is set aside?

No. Only the execution of the sentence is suspended. The conviction stands until the appeal is decided.

Is a new trial held in the appeal?

Ordinarily no. The High Court re-examines the evidence already recorded. Additional evidence can be taken only in limited circumstances.

What is the difference between suspension of sentence and suspension of conviction?

Suspension of sentence releases the person while the appeal is pending. Suspension of the conviction itself is rare and granted only in exceptional cases — for example, where the conviction would cause irreversible consequences such as disqualification.

Can bail pending appeal be sought again if it is rejected?

A fresh application can be made on changed circumstances — for example, substantially more custody served or the appeal not being heard for a long time. The order can also be challenged before the Supreme Court.

Can the State or the victim appeal against an acquittal?

Yes, an appeal against acquittal lies (Section 419 BNSS). The acquitted person should be represented from the first hearing and may be required to furnish a bail bond under Section 481 BNSS.

Does the appellant need to be in custody to apply for suspension of sentence?

Ordinarily a convicted person surrenders or is in custody when suspension is sought in serious cases. In appropriate cases an application for exemption from surrender can be made.

Criminal Appeal & Bail Pending Appeal

In short

A person convicted by a Sessions Court can appeal to the Bombay High Court under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Along with the appeal, the High Court can be asked to suspend the sentence and release the appellant on bail while the appeal is decided (Section 430 BNSS). Appeals against conviction to the High Court generally have to be filed within 60 days of the judgment; delay can be condoned only for sufficient cause.

When an appeal lies, and to which court

Conviction by a Sessions Judge or Additional Sessions Judge — appeal to the High Court.
Conviction by a Magistrate — appeal ordinarily to the Sessions Court.
Acquittal — the State (and, in some cases, the victim) may appeal; the accused should be represented from the first hearing.
Where no appeal lies, a revision (Sections 438–442 BNSS) may be available against a legally flawed order.

Suspension of sentence and bail pending appeal

Criminal appeals in the High Court can take years to be heard finally. Suspension of sentence decides whether the appellant waits in jail or outside. Courts commonly look at:

the length of the sentence and how much has already been served;
whether there are arguable points in the appeal — for example, contradictions in eyewitness evidence, a weak recovery, or a role different from co-accused;
conduct while on bail during trial, and the likelihood of the appeal being heard soon;
for life sentences, courts examine the record more closely and suspension is less readily granted.

Our reported orders page has short notes on how the Bombay High Court has applied these principles, including an order where bail pending appeal was refused.

What the appeal involves

Certified copies of the judgment and the trial record (depositions, exhibits) are obtained.
Grounds of appeal are drafted from the evidence actually recorded at trial.
The appeal and the application for suspension of sentence are filed together in the Bombay High Court, Mumbai.
The suspension application is argued on its own merits; the appeal is later heard finally on the full record.
If the sentence is suspended, the appellant is released on bail with conditions set by the court.

Documents to bring to the first meeting

Copy of the Sessions Court judgment and order on sentence
Charge-sheet and, if available, the depositions of witnesses
Details of custody — date of arrest, periods on bail, date of conviction
Any earlier bail orders in the case

Bail pending appeal: what it means

Bail pending appeal (also called bail after conviction) means the appellate court suspends the sentence and releases the convicted person on bail until the appeal is decided. The conviction itself remains. This is different from bail pending trial, where the accused is presumed innocent: after conviction, the court looks mainly at whether the appeal raises arguable points and how long the appellant would otherwise spend in custody before it is heard.

How long does a bail-pending-appeal application take?

The application is filed with the appeal and listed for hearing after notice to the State. The time to a hearing depends on the court’s board. For shorter fixed-term sentences, suspension is often considered at the admission stage itself; for life sentences, the court usually examines the trial record closely before deciding. Long custody already undergone is a recognised reason to seek early listing.

Old law, new law: CrPC to BNSS section numbers

Subject	Old (CrPC, 1973)	New (BNSS, 2023)
Appeal from conviction	Section 374	Section 415
Appeal against acquittal	Section 378	Section 419
Suspension of sentence / bail pending appeal	Section 389	Section 430
Revision	Sections 397–401	Sections 438–442
Bail bond for accused after acquittal appeal	Section 437A	Section 481
High Court’s inherent powers (quashing)	Section 482	Section 528

Appeal against conviction by a Magistrate (Sessions Court, Pune)

Convictions by a Judicial Magistrate are ordinarily appealed to the Sessions Court. This includes cheque-bounce (Section 138 NI Act) cases, where the appellate court may direct a deposit of at least 20% of the fine or compensation under Section 148 of the Negotiable Instruments Act while suspending the sentence.

This page explains the law in general terms. Every matter turns on its own facts — please speak to an advocate about yours.

Criminal Appeals & Bail Pending Appeal (Suspension of Sentence) — Bombay High Court