ACCUSED - EXEMPTION FROM PERSONAL APPEARANCE
FUTURE LAWYER
(Querist) 06 May 2011
This query is : Resolved
Dear Learned Experts please clarify my question.....
Whether Court can dispense with personal attendance of accused during the period of warrant issued.
Is there any citation to show that dispense of personal appearance cannot be exempted during the period of warrant issued.
Basavaraj
(Expert) 06 May 2011
Courts will not exempted the accused during the period of warrant has been issued.
Where warrant of arrest has been issued against accused, dispense does not apply and his personal appearance cannot be exempted - In the instant case, warrant of arrest issued by CJM converted into bailable warrant by High Court - Further direction issued that if accused appears and submits bail bond before CJM, he shall be granted exemption u/s 317 and his appearance shall not be insisted upon during trial. (Ajay Lunia Vs State of Rajasthan & Anr.) 1999(1) CIVIL COURT CASES 449 (Raj.) : 1999 (4) ALL INDIA CRIMINAL LR (RAJASTHAN) 0577
Regards
Basavaraj
FUTURE LAWYER
(Querist) 06 May 2011
Thanks to Basavaraj sir,
can you pls provide full text of the judgment.
Sarvesh Kumar Sharma Advocate
(Expert) 06 May 2011
Court can not dispense with personal attendance of accused during the period of warrant issued.
but from the high court 482 cr.p.c.,or 226 /227 cr.p.c. can helps !
