Legal consequences if person abscond for criminal offence without bail

959 votes

The offence under section 306 is punishable with a maximum term of 10 years. The punishment for lesser term can certainly be awarded for the said offence. Therefore, in cases relating to the investigation into an offence punishable under section 306 of IPC sub-clause (ii) of clause (a) would be applicable; and consequently, the maximum period during which the detention of offender can be authorized, pending investigation, would be 60 days (and not 90 days). The learned Magistrate was, therefore, right in releasing the petitioner on bail.further if more information require then please contact us.

Advocate Bala Murali LawRato

987 votes

Dear,

If any court has reason to believe that any person against whom a warrant has been issued by it has absconded or concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows-

(i)

(a) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(b) It shall be affixed to some conspicuous part of the house or home-stead in which such person ordinarily resides or to some conspicuous place of such town or village;

(c) A copy thereof shall be affixed to some conspicuous part of the Court house,

(ii) The court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

A statement in writing by the court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in Clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation

Attachment of property of person absconding.

(1) The court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,–

(a) Is about to dispose of the whole or any part of his property, or

(b) Is about to remove the whole or any part of his property from the local jurisdiction of the court,

It may order the attachment simultaneously with the issue of the proclamation.

(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-
(a) By seizure; or

(b) By the appointment of a receiver; or

(c) By an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

(d) By all or any two of such methods, as the court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the collector of’ the district in which the land is situate, and in all other cases-
(a) By taking possessions or

(b) By the appointment of’ a receiver; or

(c) By an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf: of

(d) By all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908) was published on such day.

Therefore, if you are the accused here, obtain bail immediately.

Advocate B. Srikiran LawRato

652 votes

you can apply for bail under section 439 with the district court and high court and that and you can get the mandatory bail if the ground you relied upon and if any further grounds need to be known for correct advice

Advocate Innamuri Balasubramanyam LawRato

523 votes

in this matter you need to consult with an advocate in person with all relevant document and where you will get your proper respond to all your query and proper answer to all your query which can help you.

LawRato LawRato