BAIL

SAJAN ANTONY N. (Querist) 14 February 2010 This query is : Resolved
application in a bailable offence. what is meant by "or appears" in section 436(1). whether a pleader can appear and file the application when the accused abst

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Raj Kumar Makkad (Expert) 14 February 2010
No. The presence of the accused is must in such offence and his pleader without his absence cannot move such an application.

kanhaiyalalojha (Expert) 14 February 2010
I agreed with mr Raj Kumar makkad. K L Ojha, Adv. JHC-09431902920.

ad. creaminall (Expert) 14 February 2010
Rajkumar is right. for bail application the person must remain present before the Hon'ble court.

Guest (Expert) 14 February 2010
agree with Mr makkad

Swami Sadashiva Brahmendra Sar (Expert) 14 February 2010
Personal appearance of the accused is necessary .For grant of bail, the accused has to surrender before the court.

adv. rajeev ( rajoo ) (Expert) 14 February 2010
No. Advocate cannot file a bail application without keeping the accused present before the court.

Parveen Kr. Aggarwal (Expert) 14 February 2010
First of all the accused will have to surrender before the Court and unless and until he surrenders how can a court release him on bail? Without being himself present in the Court an accused cannot surrender.

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