498a victim (Manager) 25 October 2016

Acquittal in 498a pending appeal.

respected friends,

If a person is aquitted in 498a case by court, and opposit party files appeal in higher courts against acquittal, does the acquitted person has to appear in appellate court on every hearing as during trial in the past or not. Further, does the bail condition already imposed upon him during trial such as ' to seek prior permission from court for going abroad etc." would again be imposed upon him. What is the correct legal position in this regard.

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2 Replies

Sachin (N.A) 25 October 2016

If you are already aquitted from the trial court you need not to appear on every date and the bail conditons are not enforceable on you unless appellate courts orders again.

(Guest)

If ur acquitted by lc. Enjoy. Let her go appeal n dance, her appeal also will be dismissed. U need not appear in HC. It's not small matter that lc ordered acquittal that too in women oriented case. If HC finds that lc has not followed protocol and its judgement had major lapses, it will ask lc to take cognizance of u, in such case you will again have to take Ab or appear in court, and apply for regular bail ie after you are taken into judicial custody by the magistrate.