Accident case
Mishti
(Querist) 29 June 2012
This query is : Resolved
Hi,
I need views from the lawyers fraternity...
I have been wrongfully implicated in an accident case and charged with ICP279 and 377. The case is currently going on in the court. However, I need to travel abroad for my work soon. In such a case is it possible to get an exemption from the court to travel.
Thanks and Regards
Mishti
M.Sheik Mohammed Ali
(Expert) 29 June 2012
yes, you must exam by the court. if you want to go abroad, get the permission from the court.
Adv.R.P.Chugh
(Expert) 29 June 2012
Dear Misthi,
In continuation of our talk. An exemption from personal appearance can be sought. Though your appearance would be required if you are examining yourself as defence witness (dangerous !!) or 313 examination after prosecution evidence is over !!
FYI : Its 337 not 377
Sarvesh Kumar Sharma Advocate
(Expert) 30 June 2012
what ever is not prohibited is permitted!
at the time of bail if court has not restricted to you to go to aboard then there is no need of permission , how ever this is a compoundable case !
ashutosh mishra
(Expert) 30 June 2012
In absence of any restriction imposed,you
may travel abroad.However you would need an exemption order of court from personal appearance on dates in the case.
dev kapoor
(Expert) 01 July 2012
Better seek exemption.Courts usually dispense with presence of the accused till stage of 313 cr.p.c or till date of judgment, IF the accused's presence is not otherwise necessary in the court for doing any legal act.In such cases of rash & negligent driving & jeopardising human life,these days courts are becoming reluctant to be lenient towards` the 'driver' as there is much hue & cry through the media which bolster up cases for making it a 'public consumption item'.Legally speaking dispensing your presence in the court is only on the discretion of the Court & cannot be claimed as a matter of right,particularily in the circumstsances you have mentioned herein.
