• How do I get exemptions from court hearing

Hi. I am a Doctor from Mumbai. I have completed my Masters / M.D. degree and now I ll enrolling myself for Dcotoral /D.M. course in a mumbai hospital. It would be a residential courses with very hectic workload and with no leaves. I am currently facing a trial for a criminal case at mumbai sessions court, thought it's in appearance stage only since past 1 year and arguments have yet not started. I want to know is there any way that I can get exemptions for hearing for next 3- 4 hearing I.e. next 1 year since i won't get leaves to appear for . I would be working as senior resident doctor in cardiology department in a reputed government hospital during the course and will also be under government undertaking and bond to serve after the course to government for 1 year. Can appointment to course in government on basis of merit in all India level NEET SS exam and undertaking and bond documents be used any way that it would be difficult for me to attend the hearing for next few months due to patient workload in government hospital with scarcity of doctors or can there be provision to mark your attendance to nearest police station so that there is no apprehension of absconding. Please advice me what can help me. Thanks
Asked 28 days ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu

You can give legal POA on behalf of you to attend court hearing and rest the lawyer will take care by way of vakalatnama.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

Yes it is easy . 

Your counsel will move an application for exemption for personal appearance on the basis that you are doctor and having work load. 

Another thing you can move permanent exemption and explain in that you have no objection in proceeding in your absence. Alone with that move an affidavit that you will appear whenever court will direct at the time of evidence for identification. 

Court will allow your application because of genuine ground

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Hello Sir, as per the criminal procedure code, if you want to dispense with your appearance in the criminal proceedings, either you should approach the High Court to get an order of dispense with in criminal case(Probably HC may not grand an order of dispense with when the case is on the argument stage) or your advocate shall file a Sec 317 petition before the trial court to dispense with your appearance on the particular day.  If the HC grand an order in favour of you then you need not to appear before the trial court until the case post for judgment. As per the second term is concern, Sec 317 petition have to be filed on each hearing to dispense with your absence. 

Selva Perumal
Advocate, Chennai
283 Answers
29 Consultations

4.9 on 5.0

  1. Doctor, why don't you appoint a conusel (Advocate) to plead on your behalf and get you discharged/acquitted of all charges you are facing. Had you appointed a counsel, you would have been exempted from personal appearance also everytime. 
  2. Hence, I offer you my services as cousel. However, I need an exhaustive consultation session with you first; for which you'll have to pay me a visit. I'm based in Mumbai/Navi Mumbai just as you are; hence it shouldn't be much difficult for you to visit me. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1102 Answers
2 Consultations

4.4 on 5.0

Until defence evidence not start your presence is not require in court and your advocate will submit application in court to exempt your appearance on every hearing.

 

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

you can make an application for exemption from personal appearance until further orders 

 

2) mention that you are working in govt hospital with hectic work schedule 

 

3)that you would be represented by a lawyer on all dates 

 

4) court can grant you exemption from personal appearance

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

1. Well, as per the provisions of section 205 crpc an accused person on the basis of a valid reason like distance, physical ailments or for any other reasons like yours can apply for personal exemption from day to day hearing of the case.

2. So on the next date you can ask your advocate to file such petition who would represent you thereafter with undertaking that whenever the court would ask for your personal appearance you would attend the court.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

1.  IRRESPECTIVE of all the mentioned criteria, in a Criminal Trial, exemption are not granted for long periods.

2. However, permanent exemption or exemption till trial commences are granted to certain category accused persons like Old age, Pregnant ladies and so on, after furnishing appropriate Bond and Surety.

3. Ask your advocate to move exemption application citing some reason or the other.

Hemant Agarwal
Advocate, Mumbai
2403 Answers
14 Consultations

5.0 on 5.0

You can approach High Court for extemption from personal appearance for next one year in the court due to hectic schedule.

But it is better if you ask your lawyer to file extemption application in trial court and take longer dates for next one years it will save your money as well as time. 

Mohit Kapoor
Advocate, Rohtak
3442 Answers
1 Consultation

5.0 on 5.0

Respected sir..

You must have to approach the court for permanent exemption in that criminal case ..that will work for you ..just file an application for permanent exemption mentioning the reason that you have ...you are a well educated person court will definitely allow you the same ..

 

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

it's mandatory for Defendant to be physically present in court at the time of for cross examination, for evidence, for statement etc . And in other stages your lawyer can manage but on main stages you have to appear. 

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

1. You may file an application to seek permanent exemption from personal appearance before the court on the grounds mentioned by you.

2. Depending on the gravity of the case the court may exercise its discretion to exempt you from personal appearance before it,

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Hi

You can approach the court through your Counsel and present your case by way of Petition giving all details of your inconvenience with supporting documents / proofs to dispense your appearance in court.

Court will certainly consider going by your profession and your service.

Other way you can give Power of Attorney to some one to represent you till further orders of the court i.e., for giving evidence etc.

However, for each date of hearing there should be representation on your behalf in the court on date of hearing.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
735 Answers
6 Consultations

5.0 on 5.0

You may file an application for permanent exemption before Session Court under section 205 of CRPC stating all the difficulties in attending court hearing.

Arvind Gaikwad
Advocate, Mumbai
7 Answers

Not rated

You can file a application for permanent exemption until further orders before court and if allowed court will not ask your presence. But your advocate should attend the same regularly

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

You can discuss with your advocate and ask him to file a petition under section 205 Cr.,p.c. seeking to dispense you from personal appearance before court for the reasons you rely upon.

Since your reasons are genuine, you have chances to get exempted from appearing before court on regular dates of court hearing.

 

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

See you can file an application for permanent exemption before the court on this ground if court allows you can be exempted from remaining present otherwise your advocate needs to file exemption on each date of hearing and in between you need to present for one two times.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

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