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what legal action can be taken for absconded person ?
17-May-2023 (In Criminal Law)
This case was lodged on two youngsters and the charges were framed as 420, 467, 468, 471, 120B, IT Act 43(a), 43(b) and 66 Situation: First Accused got bail Second Accused was not getting bail and on interim bail he ran away. Q1. What will happen to the Second Accused who ran away? Q2. Now the case will still be going forward without the second accused? Q3. Is there any way of going ahead with compromise on these charges which is non bailable? Q4. Is the second accused needs to be present in case of any compromise? Q5. Can the second accused get the Bail without surrendering himself?
SO FAR AS THE SECOND ACCUSED IS CONCERNED, IT IS A CASE OF BAIL JUMP. NO COURT WILL ALLOW THE BAIL APPLICATION OF THE SECOND ACCUSED UNTILL HE SURRENDERS BEFORE THE COURT/ POLICE, AS THE CASE MAY BE. THE CASE WILL PROCEED FURTHER IN THE CASE WITH ISSUING PERMANENT WARRANT OF ARREST AGAINST THE SECOND ACCUSED. FOR THE PURPOSES OF RECORDING OF THE COMPROMISES YOU MAY MOVE AND KNOCK THE DOORS OF HON'BLE HIGH COURT UNDER SECTION 482 AGAINST THE FIRST ACCUSED.
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Adv. Vijay Raghav Singh
Jabalpur | 100+ Answers
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Ans.1 Non-bailable arrest warrant shall be issued against him. Further if he is not a minor than a proclamation under s 82 CrPC be made against him and he may be proceeded against under s 83 CrPC.
Ans. 2 Yes, the case shall be proceeded even in the absence of absconding accused.
Ans. 3 Section 420 of IPC and section 43(a) and (b) read with section 66 of IT act are compoundable, but other sections mentioned by you are non-compoundable. So the case may not be compounded.
Ans. 4 Legally there is no possibility of compromise in your case.
Ans. 5 No, he can not get the bail without surrendering.
Ans. 2 Yes, the case shall be proceeded even in the absence of absconding accused.
Ans. 3 Section 420 of IPC and section 43(a) and (b) read with section 66 of IT act are compoundable, but other sections mentioned by you are non-compoundable. So the case may not be compounded.
Ans. 4 Legally there is no possibility of compromise in your case.
Ans. 5 No, he can not get the bail without surrendering.
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Adv. Pradeep Naik
Indore | 200+ Answers
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