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meghna monga   16 July 2024

Is bail important in summoning in criminal case ?

hello. 

Need an expert suggestion for someone close... 

Mr. A filed some cases in 2018 against Mr. B, who has been a fraud and been in jail for 3+ years due to many criminal cases on him.  Now, after many years, Mr. A came to know that Mr. B has filed a false case against him... u/s IPC 323, 504, 506. The case is at summoning stage and Mr. A has never appeared in the court as he was not even aware of such case. Mr. B is also not following up on the case in court since long (no one appearing from his side). 

Now, should Mr. A just appear in the court and fight the case OR apply for a bail first ??   What should Mr. A do to close this case.......  ???  

 

thanks.. in advance...   

 

 



Learning

 4 Replies

Dr. J C Vashista (Advocate )     16 July 2024

No, A (accused) is not supposed to attend such case till summoned.

Prima facie it is a hypothetical and academic topic for debate but not a real story.

meghna monga   16 July 2024

Sir, as stated, the case is in summoning stage...  A is being summoned since few years but the summons did not reach him, hence he was not aware of this case at all..............  So, is it not important to get a bail now ?? 

T. Kalaiselvan, Advocate (Advocate)     16 July 2024

Once coming into the knowledge of a criminal case pending against him,  it is better the accused surrender before court,  obtain regular bail and then challenge the false case as per law. 

Advocate Bhartesh goyal (advocate)     16 July 2024

A should surrender before court and obtain bail then contest the case and disprove false allegations. 


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