Acquittal from 498a pending appeal

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    • #815

      If a person is acquitted by court in 498a and opposition party files appeal against acquittal,does the acquitted person has to attend appealate court on every date in person.further,will he have to seek prior permission of appealate court to go abroad.what is the correct legal position.

    • #822

      Normally, in the case of appeal in the high court against acquittal, the accused person will not be required to be present personally on every date. However, if he is not present then his advocate should remain present. But, the appellate court may require presence of the accused in court.

      Whether the accused in such a case will need permission of the appellate court to visit abroad, will depend on the restrictions imposed as conditions on grant of bail. There is no hard and fast legal rule in this regard. It all depends on the conditions imposed by the court in every individual case. Generally speaking, the fact that the lower court acquitted the accused, should go in favour of the accused person at the appellate stage in the matters such as visits abroad.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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