Bail

Guest (Querist) 20 November 2010 This query is : Resolved
Is there any procedure that bail may be granted to the accused in a 498A case without being present in court or if presence is mandatory and mere representation by a lawyer would not suffice.

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Devajyoti Barman (Expert) 20 November 2010
For anticipatory bail his physical presence is not required.

adv. rajeev ( rajoo ) (Expert) 20 November 2010
For regular bail his presence is must before the court.

Ajay Bansal (Expert) 20 November 2010
AS ABOVE

Sri Vijayan.A (Expert) 20 November 2010
for 498 AB, his presence is not necessary.
In 2005, there was a proposal for amendment which requires appearance, it was strongly opposed by the lawers community.
bcoz, if the petition for AB is dismissed, then the police shall handle the ubsconding accused.
So, there is no necessary for presence of accused for AB petition

Khaleel Ahmed Mohammed (Expert) 20 November 2010
well advised.

Guest (Expert) 20 November 2010
i agree with my learned friends.

Kirti Kar Tripathi (Expert) 20 November 2010
i am not aware with this position.

s.subramanian (Expert) 20 November 2010
For any bail order the presence of the accused is not necessary. In case of anticipatory bail,the accused need not be physically present in court. In the case of regular bail,the accused cannot be produced since he would in prison.

G. ARAVINTHAN (Expert) 26 November 2010
For any bail, presence is needed in Subordinate Court. But for anticipatory bail, not required

G. ARAVINTHAN (Expert) 26 November 2010
i want to add that no appearance of accused is needed in Bail before High Court

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