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Chandrashekar   27 July 2018

Appearance in court before charge sheet

Dear Experts

I was told that recently Hon. Karnakata High Court ruled that an accused who is granted bail need not appear before the court till such time charge sheet is filed and not even through pleader and that the court will issue summons once charge sheet is filed. Can any one help me find this judgement

 

 



Learning

 5 Replies

TGK REDDI   27 July 2018

Even though charge sheet is not filed, an accused is to attend the court on every date of adjournment.     If he doesn't, his Counsel has to file an application.     Application is allowed only twice or thrice.      

If the accused still doesn't turn up, warrant will be issued which, however, is commonly recalled.

Karanveer Singh (Advocate)     27 July 2018

If the accused has been granted bail, there is no situation where the accused has to appear before the court till the chargesheet is filed. The accused may be required to appear at the stage of chargesheet and post the stage of chargesheet i.e. when the proceedings against him begin. After that, an application for exemption from appearance shall be required to be filed if the accused does not want to appear before the court once the proceedings begin. It is the discretion of the court to allow such exemption.

TGK REDDI   27 July 2018

Not agreed with Shri Karanveer Singh.     Bail is meant for avoidance of jail or remand; not to exempt from appearance before a Court.

I invite criticism from Shri Karanveer Singh and other experts and members.

Karanveer Singh (Advocate)     27 July 2018

@ Mr. TGK Reddy,

Sir, I agree with you that bail is meant to avoid jail or remand and not court. But in my reply by saying that the bail has been granted means that the stage of remand has already passed where the accused was supposed to be presented before the magistrate. Now, the only point where the accused needs to be presented before the magistrate is at the filing of chargesheet. Till then during the investigation stage, there is no need for the accused to appear before the magistrate.

Chandrashekar   28 July 2018

@ Karanveer Singh Sir any relevant judgments. Can I have draft application to be placed before magistrate with citation

 


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