vivek (mgr) 13 September 2012
dear members,
in a dowry death case, for AB hearing of husband, would he (husband) have to be personally present at the time of AB hearing ? also, if AB is rejected from HC, and his lawyer goes to SC and is successful there, would husband go into custody in the interim (between HC and SC hearing)?
pls suggest .
Divya Jyoti Jaipuriar (Advocate/ 09868002365) 13 September 2012
Dear Vivek
During the hearing of AB application, there is no need for the applicant to remain present before the Court unless the Court has sought personal appearance ofthe applicant. Please also note that the Court may also grant interim relief/ protection to the applicant during the pendency of the AB application.
Second, in case you do not get the relief from the High Court, husband can approach the Supreme Court. The Police, in the intervening period may arrest him, if the warrant of arrest has already been issued against him.
In this regard, please see the guidelines issued by Supreme Court on dealing with AB application issued in the matter of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors.(reported in AIR 2011 SC 312: AIR 2011 SCW 3813) In paragraph 122 of the reported judgment, the Supreme Court has laid down ten factors and parameters which are to be taken into consideration while dealing with the application for anticipatory bail. The judgment is attached with this reply.
Divya Jyoti Jaipuriar, Adv.
+91-9868002365
divyajyoti@jaipuriar.com
www.jaipuriar.com
vivek (mgr) 13 September 2012
tks so much.
if the HC seeks personal appearance of the applicant and then rejects his application, he would go behind bars, right?
under what circumstances and why does the court ask for personal appearance? is it necessary to appear? can this be avoided?
pls suggest.
vivek (mgr) 13 September 2012
tks so much.
if the HC seeks personal appearance of the applicant and then rejects his application, he would go behind bars, right?
under what circumstances and why does the court ask for personal appearance? is it necessary to appear? can this be avoided?
pls suggest.
Divya Jyoti Jaipuriar (Advocate/ 09868002365) 13 September 2012
Its very rare that the Court asks for personal appearance of the applicant while hearinh the AB application. Theoritically, if the Courts asks for personal appearance and the AB application is rejected,the Police may arrest the accused person just outside the Court.
One of the situations when the Court may seek personal appearance is the situation when the Court is looking forward to reconcile the issues between the parties. This is one situation. There may be other reasons when the Court may seek personal appearance. But in no case, the Court can ask any AB applicant to appear before it and surrender during the hearing of the AB Application.
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