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Will I be punished for not attending proceeding in court
29-May-2023 (In Criminal Law)
Non bailable warrants has been issued against my husband for not attending a court date. He did not attend the court date because he was sick. We could do not put exemption for this on time because of miscommunication with our advocacte. Now we applied for an anticipatory bail. What if the court dismissed our application. What punishment can be given to him.
You can submit the medical records alongwith bail application and pray for the bail. Generally if absent for one date, the bail may be granted with or without some penalty. If absent in more dates then he can be sent to judicial custody for couple of days.
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Adv. Manish Shandilya
Gurgaon | 25+ Answers
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What happens if respondent does not appear in court?
A Decree ex parte is a decision made in the absence of a defendant. Even if the summons has been served, if the defendant fails to appear at the hearing date and only the plaintiff appears, the Court can still hear the case ex parte.
What happens if not attending court?
The suit can be dismissed if, on the date of the hearing, neither the plaintiff nor the defendant attends and participates in the hearing. The Court can dismiss the case if both parties are not present when the hearing is called.
What happens if you avoid going to court?
What happens if I avoid court?
The trail court in most cases condone the non-appearance and allow the party/accused bail on appearance if the party/accused has sufficient ground for non-appearance on the last fixed date of appearance and Non bailable warrants issued against the accused. The medical certificate/report of illness duly signed by the medical practitioner doctor should be attached with application for condoning the non-appearance of the party/accused on the last date of appearance. The NBW will be cancelled by the court on his appearance with valid proof which is available with him.
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You can expect to receive an arrest warrant if you were asked to attend a criminal proceeding. If that is the case, it will be postponed until you can be found by police (criminal matters are usually not conducted in absentia).
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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