Shrichand Jakhar
(Querist) 28 February 2018
This query is : Resolved
Dear experts, One of my relative was acquitted by Chief Judicial Magistrate Court in a criminal trial under IPC 420,467,468,471. The judgement of acquittal was pronounced on 08/06/2017. In the judgement, he was asked to furnish a bail bond for six months under CrPC 437(A). He has not received any summon till date from the session court though six months of bail bond period has already expired. I visited the e-court website to check if any appeal has been filed by state against his acquittal. There I can see a criminal appeal registered on 01/09/2017 under CrPC 378. But I am not sure it belongs to him only because apart from his name matching there is no other detail to cross-check. The details of the case on web show that there have been five hearings of this case till date. The latest hearing was on 27/02/2018 with business on date "Cognizance / issuance of Process/ Service". The case was listed three times with this status. Therefore I would like to know your expert opinion on the following points: (1) Can an appellate court issue summons after expiry of bail bonds under CrPC 437(A)? (2) How to make sure that this appeal belongs to my relative? (3) What is the meaning of Cognizance / issuance of Process/ Service?
Vijay Raj Mahajan
(Expert) 28 February 2018
Check personally with Public prosecutor of the District Court about the details of the appeal if filled or not as he's the best person to tell the real fact about it.
Kumar Doab
(Expert) 28 February 2018
Visit in person as advised above....
Dr J C Vashista
(Expert) 03 March 2018
Another "fake" and impersonating expert has concurred guidance to the author to pay a personal visit PP, without considering the fact that which PP shall disclose case details to an "Outsider"?
Dr J C Vashista
(Expert) 03 March 2018
@ Mr. Shri Chand Jakhar, Why did you not file a caveat?
Ms.Usha Kapoor
(Expert) 26 June 2018
Agree with Kumar Doab.
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