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Abhishek Goel (student)     03 October 2014

Is presence in trial court required before ab modification?

A non-bailable warrant was issued against an accused in a Food Adulteration Act case in november 2013 and anticipatory bail was granted by sessions court in December 2013 on the following conditions:

1.In event of arrest, accused be released on execution of PR Bond of Rs.25000 with one solvent surety in like amount

2.Accused directed to remain present on all future dates in the trial court

3.Informed to concerned police station

4.Accused shall not tamper with any evidence before the trial court.

 

The accused was unable to obtain surety, pursuant to which she filed for modification of the order from surety to cash bail in the sessions court.

 

Now, is she required to comply with the condition of being present before the trial court while the modification of anticipatory bail is pending before the sessions court or she can wait for modification to be done and then approach the concerned court?

 

If she is not required to comply with the condition then please provide citation.



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 1 Replies

adv.raghavan (Advocate,9444674980)     05 October 2014

she has to appear before the trial court as ordered  by Hon high court or sessions, granted bail, and your counsel should impress upon the court about the modification petition pending in sessions.With the consent of the trial court the same has to be informed to police station concerned. But it is better to hurry up things at the earliest.


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