Ashu (Advocate) 02 July 2013
After completion of trial u/s406 ipc the accused was acquited of charges and directed to submit bail u/s 437a crpc. on filling of appeal by complainat before sessions court the notice was given to the accused, but report comes that no person in such address. Now the question is what is the option for proceeding appeal if accused is not served due to the above said reasons???????
Adv. Nikhil Seth (legal consultant (9867264707)) 02 July 2013
in your case direxction from court is required to be pressed to accused to be served . Other wise mobile no. or surety on given on bail need to be pressed for his whereabouts . Take direction from court .
Regards,
Adv. NIKHIL SETH
Mumbai .
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 July 2013
Dear Querist
It is clearlly mention in the section 437 A of Cr.PC that
(2) " If Such Accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply"
Appeal can be filed by aggrived party, there is no restriction on filing appeal as per this section.
Ashu (Advocate) 05 July 2013
court gave bail without surety! session courts press for service for execution of u/s 437a(2)!
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