Bail in appeal against acquittal
Gopal Arora
(Querist) 10 March 2013
This query is : Resolved
Dear Experts
My friend has been acquitted in 498A IPC case. His wife has filed appeal in sessions. His wife demanded that accused be ordered to get bail and has to appear in court on each date.
The opinion of experts is unclear in the previous thread
http://www.lawyersclubindia.com/experts/Appeal-procedure-175476.asp#.UTyc4VezmSo
Court asked the husband to get bail and Husband obeyed the order. Now the wife is demanding presence of husband on each hearing.
Please advise
1. Whether bail was mandatory?
2. Whether husband has to appear on each date. Please give pointers to any citation or rule book.
Devajyoti Barman
(Expert) 10 March 2013
I am not sure why the husband was asked to take bail when he is acquitted.
The order of sessions court appears to be faulty one.
However its perusal would have made me advise more properly .
Advocate M.Bhadra
(Expert) 10 March 2013
Please note the following:---1) granting of bail is discretionary power of the court.2)when trial would be started then he has to appear on the date fixed for.
Gopal Arora
(Querist) 10 March 2013
Dear Sir
Currently, I don't have the copy of the order. The Court ordered and husband obeyed it without any question.
From the Mumbai HC bench judgement Balkrishna Mahadev Lad vs State of Maharashtra, CRIMINAL BAIL APPLICATION NO. 265 OF 2012, IN, CRIMINAL APPEAL NO. 812 OF 2011, I understand that court can order the accused to get bail in appeal.
Devajyoti Barman
(Expert) 11 March 2013
If you know the answer then go ahead with it.
Gopal Arora
(Querist) 11 March 2013
Dear sir
I still don't know the answer. The judgement says it is discretionary powers of court. The question should the acquitted accused be ordered to take bail?
If acquitted accused is ordered for taking bail, then Whether acquitted accused has to appear on each date of hearing in appeal against acquittal?
