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In regular bail Is presence of accused compulsory
12-Aug-2023 (In Criminal Law)
Me and my mother are on 5 days Notice Bail in 498a/406/34. 1. Please advise if presence of accused is mandatory /compulsory when regular bail is to be applied? 2. If yes, please tell me some landmark Delhi HC or SC judgement regarding this. 3. Also is there any SC judgement which implies that ritualistic /routine presence of accused is not mandatory in a criminal trial. I know that Section 205 and 317 can be applied. However any SC or HC Judgements regarding same?
If you are on bail at present, it would be necessary for you to be present during hearing for regular bail. You may however file for an exemption if there are pressing circumstances. There are large number of judgments on 498A by several courts. If you have already engaged services of a lawyer, then your lawyer should be able to tell you the same. Accused may not be present only when regular bail is granted.
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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Well as per your qwery for baill and presence in this regard the law is very much clear that 5 day notice is not a bail your case is yet to regd hence 5days notice is not bail the moment case is regd apply for anticstyory bail no need to appear your Lawer will appear on your behalf normally in family matter bail is granted easily how ever drpenfd case to case and facts to facts your presence is no mandamandatory judgement ftom sc is arneshkumar verses state of bihar further you can contact me
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Adv. Rajendra Sharma
Delhi | 200+ Answers
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