Does we have to appear in court or court will issue summon.

Subha (Querist) 11 February 2020 This query is : Resolved
Dear experts we have been accused in an fir for which we had applied for anticipatory bail 2 years ago but we never surrendered to the court or police never arrested us (bail status shown in civil court website is contested allowed). Now this days our lawyer is telling that we have to get surrendered with sureties to the lower court and then only the court will start trial and chargesheet also filed 2 years ago(inquired by the I/O), but in the website of criminal court complex when I am putting our fir details it is showing record not found , so my question is do we have to surrender on our own to start the trial process or the court will issue summon for our appearance or taking cognizance of chargesheet.

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Quick Summary

If you've applied for anticipatory bail but haven't surrendered or been arrested, your lawyer's advice to surrender with sureties to the lower court is crucial. While one opinion suggests you'll only appear after a summons, the prevailing advice is to act proactively. Surrendering with your existing anticipatory bail can lead to regular bail on the same day, allowing you to then attend subsequent hearings.

Raj Kumar Makkad (Expert) 11 February 2020
You need to furnish surity bond at your own rather waiting for the summons of the court so better to follow the advice of your lawyer failing which court shall have to issue notice.

Dr J C Vashista (Expert) 12 February 2020
You are correctly advised by your lawyer, have faith and follow his/ her guidance.

P. Venu (Expert) 13 February 2020
In my understanding, you need to appear in the Court only after you have been summoned for trial.

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T. Kalaiselvan, Advocate (Expert) 21 February 2020
You can surrender before the concerned court and obtain regular bail the same day on the basis of the previously obtained anticipatory bail.
After that you may appear before court on the next date of hearing in order to protect your interests.

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