Complying of bail condition - reg.

Vasudevan (Querist) 09 April 2020 This query is : Resolved
Sir,

I had been on bail with a condition to appear on the 1st working day of each month before the Trial Court. Due to lock down, I had not appeared on this 1st April. Further, my trial court is at Chennai whereas I am residing around 200 Kms. from there. There is no public transport service due to lock down. What will be the position? When I should appear before the trial court? Whether on the 1st working day of its re-opening or 1st of next month? Please give guidance. As I am party in-person. I request kindly to give your valuable guidance. Advance thanks to all the Learned Experts.

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Quick Summary

This discussion addresses concerns about complying with bail conditions requiring monthly court appearances during a lockdown. Experts advise that non-appearance due to lockdown restrictions and transport issues will likely not be considered a breach. It is recommended to appear on the next scheduled date after lockdown or transport services resume, or to seek legal advice on filing an application for relaxation of the condition. Some courts may also operate via video conference.

KISHAN DUTT KALASKAR (Expert) 09 April 2020
Dear Sir,
It shall be deemed that the said condition is relaxed till intercity bus facilities are restored. No danger for you, it cannot be violation of condition. You have to attend the court on 01.05.2020 if everything is normal or get appoint an advocate and ask him to file condition relaxation application before the court.

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SHIRISH PAWAR, 7738990900 (Expert) 09 April 2020
Dear querist,

No action will be taken and it will not amount to breach of bail condition in current situation of curfew. However you have to remain present before court and make representation on next date.

Regards,

adv. rajeev ( rajoo ) (Expert) 09 April 2020
Nothing will happen to you. there is a direction to the court not to take any action if accused remain absent on the date fixed for his apperance

N. Sivaprakash, Chennai 984099 (Expert) 09 April 2020
Please follow the daily news. As of now nothing will happen since Courts at Chennai are closed due to lock down. Once normalcy is restored you appear before the Court.

Raj Kumar Makkad (Expert) 09 April 2020
It is expected that almost all courts shall start functioning on video-conference. Get its benefit once it gets materialized else wait for the re-opening of the courts. Lakhs of similarly situated persons all over India are also waiting for the normalcy of the situation.

PARDEEP KUMAR (Expert) 10 April 2020
There is no violation of bail condition at your part, you can appear on next 1st day of the month whenever the lock down is over and transport facilities begins

Vasudevan (Querist) 10 April 2020
Much obliged by the response of all Learned Experts. I shall abide by the guidance of the Learned Expert. Thanks to one all in the Forum.

Raj Kumar Makkad (Expert) 10 April 2020
You are always welcome Vasudevan.

Rajendra K Goyal (Expert) 10 April 2020
You can appear on the day of appearance fixed for next month, move an application for permitting your non appearance on previous date due to circumstances beyond your control / court was closed.

T. Kalaiselvan, Advocate (Expert) 12 April 2020
As opined by experts before me, you need not be worried on this count.
Since the courts across the country are closed due to current pandemic and lock down, the condition bail can be complied after the court reopens.
You can watch the reopening of courts which shall be announced at a later date and then you can appear before court to comply with the conditions.

Dr J C Vashista (Expert) 13 April 2020
I endorse the opinion and advise of experts herein above.
Appear on the very first date of opening after lock-down.

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Vasudevan (Querist) 13 April 2020
Much obliged by the advice of the Learned ExpertsS/Shri Rajendra K. Goyal, T. Kalaiselvan and Dr. J C Vashista. I once again tender my sincere thanks to one and all in the forum.

Rajendra K Goyal (Expert) 13 April 2020
You are welcome, may revert in case of any further development.

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