Faridabad · Criminal appeals · Section 430 BNSS

Convicted in Faridabad — Criminal Appeals, Time Limits and Suspension of Sentence Pending Appeal

Last updated: 2 October 2026 · Reflects the BNS/BNSS, 2023 · By Advocate Manish Sharma · General legal information, not legal advice

In short: A conviction by a Faridabad Magistrate is appealed to the Sessions Court within 30 days, and a conviction by the Sessions Court to the Punjab & Haryana High Court within 60 days. Under Section 430 BNSS, the appellate court can suspend the sentence and release the convict on bail while the appeal is pending. Advocate Manish Sharma handles these appeals from Chamber 363, Sector 12.

This guide maps the appeal forum and limitation for each kind of conviction, explains suspension of sentence and bail pending appeal, and lists what the appeal must contain.

Which court hears the appeal, and within what time?

Convicting court	Appeal lies to	Time limit
Judicial Magistrate, Faridabad	Sessions Court, Faridabad	30 days (Article 115, Limitation Act)
Sessions Court or Additional Sessions Judge, Faridabad	Punjab & Haryana High Court	60 days
High Court in its appellate jurisdiction	Supreme Court, by special leave	90 days

Time spent obtaining the certified copy of the judgment is excluded under Section 12 of the Limitation Act. A criminal appeal is a challenge on facts and law, in which the appellate court can re-appreciate the evidence; a revision is narrower and covers only errors of law or jurisdiction.

What is suspension of sentence?

Suspension of sentence is an order under Section 430 BNSS staying the execution of the sentence while the appeal is pending, usually with release on bail. Where the sentence is three years or less, the convicting court itself must release the convict on bail for the time needed to file the appeal, under Section 430(3). For long sentences, appellate courts consider whether the appeal is likely to be heard soon; where it is not, and the convict has served a substantial part of a fixed-term sentence, suspension is ordinarily granted.

What does the appeal need to contain?

The certified copy of the judgment and order on sentence.
Grounds of appeal: defects in evidence, contradictions, wrong application of law, and sentencing errors.
An application for suspension of sentence and bail, with the custody certificate.
An application for condonation of delay if the time limit has passed, explaining each day.

Can the victim or the State appeal too?

Yes. The victim can appeal against an acquittal, a conviction for a lesser offence or inadequate compensation under Section 413 BNSS, and the State can appeal against acquittal or seek enhancement of sentence. See High Court remedies for Faridabad cases.

How to choose an advocate for this matter in Faridabad

Enrolment: ask for the enrolment number and State Bar Council. Under Section 30 of the Advocates Act, 1961 an enrolled advocate may appear in any court in India.
Forum presence: check appearances before the court concerned on the eCourts portal.
Candour: a reliable advocate tells you the weak points of the file, not a promised result.
Written terms, stage by stage; costs are explained in the lawyer fees guide.

Rule 36 of the Bar Council of India Rules forbids any advocate from claiming to be the "best", "top" or "No. 1" in Faridabad. Those words in a search are best answered by the tests above.

Frequently asked questions

What is the time limit to appeal a Magistrate's conviction in Faridabad?

30 days to the Sessions Court, Faridabad under Article 115 of the Limitation Act, excluding the time taken to obtain the certified copy.

Can I get bail after conviction?

Yes. The appellate court can suspend the sentence and grant bail under Section 430 BNSS, and for sentences up to three years the trial court must grant bail for the time needed to appeal.

Where is an appeal against a Sessions Court conviction filed?

In the Punjab & Haryana High Court, within 60 days of the judgment.

Can a late criminal appeal be filed?

Yes, with an application for condonation of delay showing sufficient cause for the whole period of delay.