Kaku (Advocate) 30 May 2012

Personal presence of accused u/s 438 cr.p.c.

Is it mandatory for an accused/petitioner to appear before the court while applying for a pre-arrest bail made under Sec 438 of Cr.P.C., especially at the time of motion?

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4 Replies

mekala srinivas yadav (B.Com) 30 May 2012

no not necessary. the application u/s 438 Cr.P.C (Anticipatory Bail)will be moved before concerned hon'ble sessions judge .

Ratnesh kumar (Advocate) 30 May 2012

not at all, under sec when ant bail is moved there is absouloutely no need .

Seetharamreddy Kancharla (Student) 30 May 2012

The accused is going to applicate the Anticipatory bail befor the court of sessions U/S 438 with the help of his counsel so accused is not necessary.

Mehul Rathod (Advocate) 15 July 2013

No it is not necessary to keep accused present till interim aba is granted. please refer to the following judgements:

MANU/MH/0928/2010

Equivalent Citation: 2011CriLJ122

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Criminal Application Nos. 2320 and 2321 of 2010

Decided On: 18.08.2010

Appellants: Shivraj S/o Kashinathappa Gandge
Vs.
Respondent: The State of Maharashtra

Hon'ble Judges/Coram:
A.V. Potdar, J.

Also refer to:

Court	Case No	Date of Judgment
In the High Court of Bombay at Nagpur	CRIMINAL WRIT PETITION NO.355 OF 2011	19-07-2011

Judge(s)
THE HONOURABLE JUSTICE V.K. TAHILRAMANI & THE HONOURABLE JUSTICE M.L. TAHALIYANI

Parties
Abdul Razzak Abdul Sattar & Another v/s State of Maharashtra & Others

Advocate(s)
For the Petitioners: R.P. Joshi, Advocate. For the Respondent: N.W. Sambre, Public Prosecutor.

Equivalent Citation(s)
2011 ALL MR (CRI) 3660

Attached File : 329657244 presence of accused not required unless interim aba granted j. potdar bomhc.doc, 329657244 db bomhc presence during interim not required aba tahilramani.doc downloaded: 201 times