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R Banerjee   14 February 2019

SR/AD/APPEARENCE

My friend has a matrimonial issue with his wife since 2 years. He received a summon from Court as her wife filed a complaint Case u/s 200 CrPC againt him & his familu u/s 406, 120b, 34 ipc along with search warrent issued by court under 94 crpc for Streedhan Articles. Accordingly my friend along with his family surrender before the court and get confirmed bail. And thereafter returned the Streedhan Articles to the Complainant in presense of the Police. Now the next date for SR/AD/Appearence will be scheduled on the next week.
Now my queries are -

1. As my friend and hit family got Confirmed bail, so is it necessary to appear before the court at all the days ?
2. As his parents are at their old age, therefore can they remain absent by filing absent petition through Advocate on that day ?
3. Can they get any relaxation for not attending all the days at Court during the trial ?
This is for your information no 498A case is pending or filed before any court or PS yet.


Please help.


Learning

 2 Replies

TGK REDDI   14 February 2019

1.Bail prevents arrest.       Doesn't permit you to absent yourselves.

2.Presence of one Accused is enough unless the Court orders the presence of all the Accused.

3.The Court has discretion to grant exemption.

 

P. Venu (Advocate)     14 February 2019

The Court has the discretion to allow the accused to be absent from appearance, but not always. Your advocate is the best guide in the matter.


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