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Shrichand Jakhar   28 February 2018

Appeal against acquittal

Dear forum,

One of my relative was acquitted by Chief Judicial Magistrate court in a criminal trial under IPC 420,467,468,471. The judgement of acquittal was pronounced on 08/06/2017. In the judgement, he was asked to give a bail bond of six months under CrPC 437(A). He has not received any summon till date from the session court though six months of bail bond period has already expired.

I checked the ecourt website to check if any appeal has been filed by state against his acquittal. There I can see a criminal appeal registered on 01/09/2017 under CrPC section 378 but I am not sure it belongs to him only because apart from his name matching there is no other detail to cross-check. The details of the case on web show that there have been five hearing of this case till date. The latest hearing was on 27/02/2018 with business on date "Cognizance / issuance of Process/ Service". The case was listed three times with this status.

Therefore I would like to know your expert opinion on the following points:

(1) Can an appellate court issue summons after expiry of bail bonds under CrPC 437(A)?

(2) How to make sure that this appeal belongs to my relative?

(3) What is the meaning of Cognizance / issuance of Process/ Service?

Thanks in advance for your comments!!



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