• About bail condition

At the time of admission of my Criminal Appeal, High Court granted me bail and on condition that I shall appear before the Trial Court on the first day of every second month. I have been appearing before the court ever since the High Court Order in 2006. However, i could not attend the court on two occasions in July,2015 and September,2015 due to poor health. Then, I appeared before the court on 2 November and when  my file was called, the judge said that since i did not mark my presence on the last two dates, he has sent the file to the High Court. He refused to mark my presence. I am again going to the court on 01-01-2016.  I fear that the judge may again not mark me present. 
I want to know if the High Court would cancel my bail and issue NBW? I am not represented by an advocate. Would be grateful for any advice.
Asked 12 months ago in Criminal Law from Gurgaon, Haryana
Religion: Hindu
1. Yes, the High Court may cancel your bail for neglecting in complying with the terms against which you have been set free on bail,

2. Your advocate should have filed an application submitting medical certificate of your illness on the days when you could not attend the court,

3.  However, collet the said medical certificate and produce before the High Court as an evidence of the reason of your absence and duly showing the reason why your advocate did not file a petition before the trial court praying for leave of your absence on medical ground,

4. Since you had not engaged any advocate at the lower court, this could be valid and acceptable reason for your not filing the above application before the lower court on the days of your absence,

5. Engage a lawyer at High Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. It is your argument that your absence on previous two occasions is a mere technicality but the court has viewed it as non compliance of the terms against which you have been set free on bail,

2. Your plus point is that you have had no lawyer representing you for which you could not file petition for leave on the ground of illness,

3. Take the above plea at the high Court and never try to mention that it is just a technicality only,

4. Make a mention n the court for hearing the matter which has been returned to the High Court by the lower court and get a fresh order for permitting your absence on medical ground and also directing the lower court to permit such absence in future on medical ground.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You ought to have honoured the order of the HC in letter and spirit. The HC can cancel your bail That you are not represented by an advocate further compounds your predicament. It is advisable that you engage a lawyer when the HC takes up the reference sent to it by the lower court. 

2. You are wrong in stating that the previous absence is rendered a technicality. First understand what is a technicality. 

3. Wait for the notice and then explain what prevented you from appearing in the lower court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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I want to know if the High Court would cancel my bail and issue NBW? I am not represented by an advocate. Would be grateful for any advice.
This is called as jumping bail.  If the condition imposed has not been observed, the trial court may report that you have not complied with bail condition imposed and may recommend for cancellation of bail on this ground. 
However you may apply for relaxation of condition before high court which will help you from not appearing before the trial court again. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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1,   Now that I have appeared 2 times   after the default, it cannot be said that I am fugitive from justice and the absence on previous two occasions is rendered a mere technicality. Your comment sir, I could I make this submission?
You can file an application along with an affidavit for condoning your absence on earlier two occasions, accepting or not will be the discretion of court.


2. when do I explain my case before the High Court? on my own or on receipt of a Notice from the Registry?
You will get summon from high court cancelling your bail  or you may personally visit high court and clarify the further action by high court on the basis of the recommendation made by the judge of trial court and then decide the next course of action.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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1) HC would not cancel your bail if you Explain the reasons of your non attendance 

2) enclose copy of your medical certificate that you could not attend on account of illness 

3) you are not a fugitive from justice 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
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You would receive notice from the court . You can submit your reply and mention reasons for non appearance 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0

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