Upgrad LLM

exemption from appearance at judgement date


 I am Ex Indian National, now I have acquired foreign nationality since last month and my Indian passport is also cancelled.

 I am accused in a SEBI case registered in year 2002. (Prior to amendment in SEBI act, therefore maximum sentence is up to one year and or fine) I am on bail & exempted to appear personally in all hearing dates and am represented by my advocate. However, I did appear before court for bail and again for statement. Now my case is at final arguments stage.

During trial, we had put up very strong defense and we are very sure that judge will acquit me or may fine me a few thousand rupees. My advocate wants me to appear personally at the Judgment and sentencing day and to appeal in high court if sentenced. I am 60 years of age and suffering from various ailments like, diabetes, hypertension, blood pressure and acute lower back pain. Therefore, it is very difficult to travel long distance in sitting position.

I have searched on Google and found that under section 353(6), I can get exemption but my advocate disagree with me.

Please advice & if possible, some citations of supreme court/high court etc.

Best regards

 

Bharat

 
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Officer

The Judgement of acquittal can be pronounced in the absence of accused,

So if the judgement is of acquittal, your presence is not required.

 
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How do I know it is acquittal or sentence or only fine?

 
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