• Attendence at Police Station Bail condition

Sirs, my bail condition is to attend Police Station every month. My case is in Bombay and I am stuck in Delhi NCR NOIDA. No flights and trains during CORONA lock down period. I missed my April attendance and possibly May attendance also. As Bombay lock down has been extended upto 30th April. Whether there will be any penality for these absents. I had sent a whasapp message to my IO about my problem on 2nd April 2020 before date. If these conditions continues I am afraid I may not attend my date in session court also in 2nd week of May. I am worried. Please advise - Sharma
Asked 5 years ago in Criminal Law
Religion: Hindu

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29 Answers

Keep the record of what's app message delivery. Also take snap shot of it.

No repercussion. You have duly informed the IO. Also send him some proof which  confirm your presence in Delhi. Bail condition not violated.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You would not be penalised as it is due to reasons beyond  your control 

 

you need not worry 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You have done your best . You would not be penalised 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes and take of any Delhi news paper, click picture with date on newspaper and send same day.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It would not be an issue as the entire country is on lockdown. There would be no adverse order and your bail would be extended for sure.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

That would suffice. File an exemption application on the next date of hearing

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Conditional Bail

- Attendance at P.S. every month.

Due to COVID-19 situation is declared as Pandemic and entire nation is locked down. In my considered opinion your attendance at Police Station and Session Court stands waived due to this situation and you have bonafide reason for your non presence therefore need not to worry.

Arihant Nahar
Advocate, Indore
132 Answers

1. Send a Lawyer reply, by registered AD, to the concerned IO and to the relevant Court Registrar, giving details of the case no., and explain status /position vis-a-vis the Corona Lock Down orders and your inability to attend and request for condonation of presence and undertake to be present after lifting of lockdown restrictions by Govt.

2. The above is legally sufficient, for your difficulties.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- Since the COVID-19 situation is declared as Pandemic and entire nation is locked down, and further there is no hearing in all the courts of India , and further the date of hearing already has been extended , hence no need of worry for appearing before the police station . 

- However, you should sent a written information/application to the email of that police station in Bombay , and a copy should be forwarded to the said I.O as well, after narrating the situation due to complete lockdown.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

See you can write a mail to.the local police station also the government is well aware of the condition no harsh steps or adverse orders in this situation shall be passed. As far as date in court is considered in this period the attendance in court is not required once condition comes to normal you have to attend.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See just write a mail you will find mail id of concerned police station on Internet.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Nothing adverse will happen, don't worry, the whole world is facing the issue and the police/courts understand the concern,

The cases are adjourned these days,

Since you had sent a whatsapp message to the IO, therefore, it would be taken as bona fide on your part.

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

In covid period you can be relaxed for attendance there us no need to attend the police stn during lock down

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Amid coronavirus the bail proceedings have been relaxed just inform the police station about the situation they are even already aware. There shouldn't be any penalty.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

Don't worry about this.

The police cannot take any action on this since the situation is very serious and critical.

In fact there is a blanket permission on all such issues to condone the absence of the accused to be present in person before police or court.

Hence you may wait for the reopening of the courts and things to return to normalcy after which you can give an affidavit or explanation to ratify the same.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You need not be worried on this, the police will not take any action on your absence.

They also know about the prevailing situation throughout the country. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. The compliance of the condition during lockdown is practically impossible.

2. Send an email immediately to the concerned police station expressing your inability to appear before police station due to lockdown.

3. No adverse consequences will ensue.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You are safe.

Don't Worry 

Courts are closed 

Police officials have closed certain minor operations like yours 

So once this lockdown is over. You can again continue with the attendance. 

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Do not worry as in the wake of the ongoing lockdown situation no conditions of court is required to be complied with till the situation normalises.

The Supreme court and almost  all High Court has passed a blanket order in this regard.

So do not panic and wait till the lock down is lifted. Nothing adverse will happen for thousand accused person like you around India and abroad.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Sir,

You are suggested to talk to your advocate to represent you in the court or to police as and when needed. At the same time, it is also suggested that your non appearance and non presence due to lock down will not be considered by court or police as denial or defiance of the court order. You are suggested to present yourself as and when situation gets normal and make suitable presentation. It is sure that your presentation will be duly considered and no adverse order would be passed against you due to non presence. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Querist

all the interim orders or conditions imposed by the court has already been extended till further order, so no need to worry, this condition shall be waived off because it is not in your hand and due to COVID-19 whole country is in the lockdown situation so sit tight and stay safe without any tension for this attendance. the court or police shall not take any coercive action against you for this. 

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

1. No there will be no penalty for absence due to lockdown of country. 

2. No need to worry about court appearance as well if lockdown extends as High courts of every state have ordered trail court adjourn all the matters till lockdown is not over. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

no need to worry,  just send a email about your situation..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Set your mind at rest.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear querist, 

since its a nationwide lockdown, you in any circumstance can not reach the police station. what can be done in this situation is to inform the SHO of the station concerned. You may simply write a mail to the official id of the sho and police station. stating the reason of lockdown and no adverse order can be passed against you by the court. 

 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

Yuganshu Sharma
Advocate, Delhi
961 Answers
2 Consultations

Dear Sir,

Your absence and non marking of attendance is not comes within the ambit of violation bail conditions. You stay cool and calm. If possible you may send WattsApp/SMS and email messages to the IO requesting him to extend time to present before him your presence after lock down period.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You have done your part. 

As per supreme court's directions all court cases will be adjourned automatically due to the prevailing situation.

As a prudent person, you have done your part and your representation will be made part of record.

You need not worry.

Your case will be considered in accordance with law, before next date of hearing you again send message to your IO if still the prevailing situation continues and it is not possible to travel.

Good Luck.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been in the situation wherein court would also listen to you when you would be appearing for the trial as well as before the IO.
  2. I would like to apprise you that sue to this lockdown, all courts are not functioning and giving dates only and there will be no adverse order passed in the absence of the accused or party.
  3. So, fulfilling of bail condition will also subordinate to the above mention rule for now at least.
  4. It is good that you have sent the details to the IO.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Thank you very much sir for your kind ratings over Kaanoon for me.

Yes, I have understood the problem that you have gone through this month and again would be having the same in the month of May, 2020.

I would like to apprise you that I will definitely help you (would draft a legal letter for the IO in legal language), but for that you may have to consult me through Kaanoon in order to get my number and details as I can’t share any such here, hope you understand my difficulty.

Regards 

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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