Arvind Singh Chauhan (advocate) 24 December 2015

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Honourable seniors after the National herald case , i am anxious to know.

1 whether there is any provision that if accused appears honestly on summon before the court he should ask bail for fututre appearance.

2 If he doesnt seek bail in which provision court can send him in judicial custody. Even in state case if IO has given bail, he is asked for bail, while appearing in court.

3. Performa of summon given in crpc , has plain language without mentioning want of bail. If a lay man doesnt consult with lawyers he comes in court without surities. Whether court should send him jail.

4- Court call the accused through summon but some court asks for surrender application?

There are some traditions alive like surrender . Even when accused appears through summon some courts ask surrender application . while there is no provision of surrender in crpc.

Plz contribute

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4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 25 December 2015

Dear Colleague, U desire to know the answers in general or keeping in view the accused in the above case.

Arvind Singh Chauhan (advocate) 25 December 2015

Sir Thanks very much, I want to know in general, as we face the same in lower courts.

Arvind Singh Chauhan (advocate) 25 December 2015

Sir Thanks very much, I want to know in general, as we face the same in lower courts.

SAINATH DEVALLA (LEGAL CONSULTANT) 25 December 2015

ANSWERS:

1.When the accused appears regularly for the proceedings,the question of bail does not arise.Depending on the circumstances he can pray to the court for personal exemption from appearance.Its the discretion of the court.

2.Bail given by IO is station bail for a bailable offence.He need not again obtain bail in the court.If it is a non bailable offence the IO has to produce him in the court within 24 hrs and the court if it deems fit can grant him bail

3..A summon is asking him to appear in the court,and a warrant is issued when the accused does not respond to the summons.Then the accused will have to get it recalled on appearance and the court will ask him to produce surieties,which could be mandatory.If the offenceis not that grave then thecourt may as for personal bond too.

4.Answer to this questiion lies in the above question.

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