Accused must be present when their appeals are finally decided: HC

Mumbai, Apr 6 (UNI) The Bombay High Court has ruled that accused must remain present before the court, either personally or through their lawyers, when their appeals are finally decided, as in the case of anticipatory bail applications.

The High Court ruling came while dismissing two criminal appeals, because the accused were not traceable.

A division bench of Justice D G Deshpande and Justice S R Sathe dismissed two separate appeals filed by Nandkumar Pilley from Pune and Hanjekhan Kasam Mulani from Satara district, as both of them had availed bail, in the year 1988 itself, when their appeals were admitted and had not been traceable ever since their appeals lined up for final hearings.

Pilley's advocate had expired whereas Mulani's advocate was appointed as High Court Judge. Therefore, the High Court issued notices to both of them. Subsequently non-bailable warrants were issued as the notices returned un-served. But the non-bailable warrants too failed as both of them were found to have moved from original addresses given to the court and police authorities.

The proclamation exercise, under sections 82 and 83 of Criminal Procedure Code too was futile.

Though there is a provision in the CrPC to dismiss criminal appeals summararily, the court weighed options and noted in its judgment that it was sure that the accused would not turn up for undergoing sentence. And by allowing their appeals with the assistance of advocate from legal aid panel would send wrong signals to other accused persons that they could obtain orders of acquittal even if they cared not to remain present in court. That would mean, according to the Judges, that their acts of jumping bail, breach of bail bonds do not matter and get a stamp approval of the High Court.

The Court has said the accused must remain present in court, either personally or through their lawyers or it must be shown that, the accused were amenable and available for process of law, whatever be the outcome of the appeal.

UNI