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Abdul - Indian (Business)     03 June 2015

Travel abroad during magistrate custody

We are fighting a criminal case against our neighbour who threw soda bottles on us. the sections against him are bailable. however, he did not take bail or apply for it and travelled out of India. he was arreseted last week and produced in court. we applied to reject his bail, however as it was bailable judge gave him last chance and gave him MC which is i believe magistrate custody.

what i need to know is:

1) Judge orally gave him last chance and asked him to behave or his bail will be rejected, but did not write on the order. What should be done? can we write an application to Judge requesting to write on the order?

2) he is given MC till 10th June, 2015. However, he has left India on 2nd June. Can a person travel abroad if he is in MC?

 

Please help. 



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 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

At the first instance find out from the court as to what type of a bail it is? If it is Magistrail Custody it would be on record and not oral.

Abdul - Indian (Business)     03 June 2015

It is written "MC till 10th June" and it is on record.. So can he travel abroad during MC What I mentioned about Oral is the last chance that Judge gave the culprit. We wish it would have been mentioned on the order to curb him from creating nuisance further. Appreciate your revert Mr Sainath

Sudhir Kumar, Advocate (Advocate)     04 June 2015

atleast apprise court about travel abraod.


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