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Is Accuses Present Is Required During Bail Cancellation Hearing
03-Dec-2023 (In Anticipatory Bail Law)
Is accused is required to be present physically during bail cancellation is it mandatory. I had a case where my wife moved for my bail cancellation in 498a anticipatory bail given to me for which I had responded through my advocate with all evidence I had in my favour against the accused made on me by my wife. Court asked me to come for which my advocate replied that I am in another state and 3000 thousand km travelling during corona can be a threat to me and basis of fact and material submitted court should make decisions. What can happen in this situation can my bail be cancelled that I did not appear however this call from court is not in order sheet. It was verbal call from court from March 2020 case is pending and 5 dec judges had to take order.
it all depends on whether the judge has called you or not. in criminal matters, generally the accused is required to be present before the court so that the proceedings are done in his presence. however if you are on bail and there is no specific direction for you to be present in the court, you may remain absent. however in your case, the judge has asked you to remain present in the court, so it's advisable that you remain present in the court at the time of hearing.
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Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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hello sir, I went through your query. the reason behind your advocate denying your presence is to avoid your arrest, if the bail gets cancelled off. if the accused is present in the court and the court due some reason dismisses the bail then the accuse would be taken into custody there itself.
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Adv. Megha Mary Thomas
Delhi | 100+ Answers
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Hello, Appear before Delhi Courts through video conferencing, if you are really staying far away for professional reason, submit an application to court of your office attendance and apply video conferencing from nearest court. Court may allow the application. withdraw the bail application in case cancellation occurs.
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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