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Harish Kumar (Owner)     27 October 2012

Summon in criminal case

Dear Sir,


Please let me know, if a complaint case under section 420 & 408 has been filed and accepted by Megsitrate, first summon (without bw and nbw) is issued to accused to present himself before the court. Accused presents himself on the date given in summon. The question is at this stage accused has to take the Bail before submitting his replies or he can submit his replies after appearing in the court without taking any bail.


Regards

 

Harish



Learning

 11 Replies

Arvind Singh Chauhan (advocate)     28 October 2012

He has to seek bail first. There is no procedure for reply in criminal cases, before the stage of charge.

But you may file protest application after seeking bail.

Harish Kumar (Owner)     28 October 2012

Thanks Sir, but why he should go for bail when no warrant (bailable or non bailable) has been issued.  Before receiving any summon he was not known about the case. When he receives the very first summon, he will appear before the megistrate and will submit his protest.

Please clarify.

Regards

 

Harish

Arvind Singh Chauhan (advocate)     28 October 2012

The purpose of bail to put yourself under some conditions of court- such as-

 

You will appear in court whenever your presence is required

 

You will obey every order and conditions put by court.

 

You will not tamper with the proof. etc

surjit singh (Assistant)     28 October 2012

Complaint case is accepted by the court that means the court has found some element in the allegation. Now summoning the accused is to give him an opportunity to face the trial. On the appearance of the accused the court wants to ensure that you will make yourself available before the court during the trial proceeding.

Harish Kumar (Owner)     29 October 2012

Dear Sir,

Thanks for your reply. When theaccused himself appears before the court (without arresting by police) after receipt of first summon, please claify, whether he will have to take the bail first before protesting, wll he get the bail on same day in these charges (420 & 408) from the same court and whether he can file the protest before taking any bail as he appears before the court as and when required.

Regards

Harish

Harish Kumar (Owner)     29 October 2012

Will he get the bail on the same day in these charges?

Regards

Harish

ADV S PATHAK (lawyer)     29 October 2012

on the first day send ur lawyer with an application for exemption of ur appearance.

the judge will give next date for reply. then be present there and he will ask u to furnish personal bonds.

so no worries just do the same.

 

Harish Kumar (Owner)     29 October 2012

But sir compaint has been filed under section 420, 408 of IPC and 66, 72 of IT act {not under section 156 (3)}. In that case when an accused appears before the court after receipt of first summon, will he apply for bail?

Regards

Harish

JANAK RAJ VATSA (ADVOCATE)     29 October 2012

he is to apply on the very first appearance

ADV S PATHAK (lawyer)     29 October 2012

first of all be clear complaint case or police challan. see ur initial Q.

secondly i had a complaint case 156(3) on last 26th oct at delhi u/s 376,506. simplly went filled the personal bonds got the date. my client is happy. 

thirdely and most importantly mr harish kumar do as ur advocate say or get the law degree urself.

Rahul Kapoor (Legal Enthusiast)     29 October 2012

both are non bailable offence.. get the Anticipatory first if not yet arrested. or regular bail can only be granted after the arrest.

 

regards

rahul.gogreen@gmail.com


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