Is presence before trial court mandatory if anticipatory bail order is pending for modification?
Abhishek Goel
(Querist) 03 October 2014
This query is : Resolved
A non-bailable warrant was issued against an accused in a Food Adulteration Act case in november 2013 and anticipatory bail was granted by sessions court in December 2013 on the following conditions:
1.In event of arrest, accused be released on execution of PR Bond of Rs.25000 with one solvent surety in like amount
2.Accused directed to remain present on all future dates in the trial court
3.Informed to concerned police station
4.Accused shall not tamper with any evidence before the trial court.
The accused was unable to obtain surety, pursuant to which she filed for modification of the order from surety to cash bail in the sessions court.
Now, is she required to comply with the condition of being present before the trial court while the modification of anticipatory bail is pending before the sessions court or she can wait for modification to be done and then approach the concerned court?
If she is not required to comply with the condition then please provide citation.
ajay sethi
(Expert) 03 October 2014
yes accused is required to be present in court on all dates as per orders passed by sessions court
Rajendra K Goyal
(Expert) 03 October 2014
Yes, accused is required to be present.
Raj Kumar Makkad
(Expert) 08 October 2014
In the situation of any contingency, the accused through his lawyer can seek exemption from personal presence on the fixed hearing but otherwise he is required to attend every hearings in person.
