Nagaraj Patel (proprietor) 06 September 2013
summons is issued to Mr X on 5th of September 2013, the first hearing date is on 5th November,2013,
1.can he go out of country in the month of October,
2.it is compulsory to appear the court or can he ask for exception
3.it is required to submit the certified copies of the CC & Summons to the PSK to stop his departure or without the permission of the court can he go abroad
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 07 September 2013
Yes he can very much go abroad without any fear. The option of not going abroad arises only when the bail conditions state that he is barred from travelling.
ALso as regards to his non appearance on the first date of hearing, technically an accused cannot be exempted from personal appearance in court unless he is on bail. In this case since its the first appearance, the question of bail would only arise after he has appeared and taken bail subsequently. However for the sake of practicality, the advocate must appear, sign vakalatnama and the court most probably wud grant some time to the accused to appear.This is a very technical point.Exemption can only be granted to an accused who is on bail. It cnt be granted to an accused who is not on bail.
However this wud only be app;licable for dates on which he absolutely cant appear. Otherwise he has to appear on all dates.
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