Section 437A of CrPC : Section 437A: Bail to require accused to appear before next appellate Court.
CrPC
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Explanation using Example
Example 1:
Scenario: Rajesh is accused of theft and is undergoing trial in a Sessions Court. The trial is about to conclude, and the court is ready to deliver its judgment.
Application of Section 437A: Before delivering the judgment, the Sessions Court requires Rajesh to execute a bail bond with sureties. This bond ensures that Rajesh will appear before the High Court if an appeal is filed against the Sessions Court's judgment. The bond will be valid for six months.
Outcome: Rajesh executes the bail bond with sureties. The Sessions Court delivers its judgment, and Rajesh is acquitted. However, the prosecution decides to appeal the acquittal in the High Court. Rajesh receives a notice from the High Court to appear for the appeal hearing. Since he has already executed the bail bond, he appears before the High Court as required.
Example 2:
Scenario: Priya is convicted of fraud by a Magistrate Court and sentenced to two years in prison. She decides to appeal the conviction in the Sessions Court.
Application of Section 437A: Before Priya's appeal is heard, the Magistrate Court requires her to execute a bail bond with sureties. This bond ensures that Priya will appear before the High Court if an appeal is filed against the Sessions Court's decision. The bond will be valid for six months.
Outcome: Priya executes the bail bond with sureties and files her appeal in the...
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