Surrender and bail

ajay kumar mishra (Querist) 29 September 2011 This query is : Resolved
Sirs,
If I get summon issued by the Ld.court for appearance on the complain case filed by the complainant u/s 384 IPC or other penal section of ipc on the date fixed by the court, on the date of appearance should I appear personally or by filing surrender petition or bail petition ? Is it necessary to surrender and pray for bail on the date of appearance? if your answer is yes please tell under which provision of law in crpc.

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Guest (Expert) 29 September 2011
if you recieved the summons than you must appear before the concerned court and get the bail by surrender and defend the case if you not appear than court will issued BW or NBW against you.

Shonee Kapoor (Expert) 29 September 2011
If its summons no need to worry.

You would get bail easily.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 30 September 2011
Summons in complaint cases are issued on primary investigation concluded by court/magistrate.

you do need to attend court personally,engage a lawyer and seek the bail and furnish the security.

If you default,a bailable warrant may be issued,and any subsequent default will lead to issuance of a non bailable warrant.

BY summons means police serving the summon on you has to intimate you that court has directed to appear you;a bailable warrant means while serving the summon,police it self can release you on bail on furnishing a security of undertaking of appearance on the date court warranted you but non bailable warrant means police has to arrest you and produce you before the court.

ajay kumar mishra (Querist) 30 September 2011
sirs,
My question is not to know the procedure after issuing summon by the court. My question is that why I will surrender and pray for bail after getting summons ? Is any provision of crpc compel me to surrender and get bail in spite of the fact that there was no such direction by the ld. court in the summon issued by the court ?

Advocate. Arunagiri (Expert) 30 September 2011
You have to appear. No need for surrender and get bail.

M V Gupta (Expert) 30 September 2011
I agree with Mr. Arunagiri. If you are appearing in response to the summons there is no need to obtain bail.

Arun Kumar Bhagat (Expert) 09 October 2011
Section 88 Cr.P.C governs appearance after getting summons.The Court may ask you to furnish appearance bond.

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