Legal Question in Banking Law in India
Hello,
I am an accused in a case of section 138 which pending before the court. On my last date I was not appeared due to some health problem and a medical report from a private doctor (MBBS) was given to my advocate to submit in court for exemption. However the lower court judge asked my advocate to appear me on next date and also which a medical report from govt hospital to certify that their was a problem on the date private medical report issued.
Now its clear that none of the govt hospital will certify the medical certificate of a private doctor and that too of a back date... However the origian medical report was submitted in the court.
The judge also said that my personal appearence on next date is must and i must produce the govt hospital medical report for the old issue. Otherwise he will cancell my bail.... I dont know wether its legal step by a judge. Can he cancell my bail after my appearence on next date also????
Please help me
5 Answers from Attorneys
in the normal routine, the judges do not insist on authentication of private medical report by the government hospital. however in case the judge insists, you may approach the government hospital and take it in writing from the hospital that they are unable to authenticate private doctor s report. however, generally it doesnt happen in 138 cases. where is ur case pending.
grant of bail is different than cancellation of bail. Your absence on a particular day for health reason not necessary be supported with government hospital.
I agree with the above opinion.
Normally in Sec.138 cases appearance is alone insisted. If you have defaulted in appearance and got bail, perhaps the Magistrate may like to cancel the bail if your reason for non appearance in earlier hearings is not accepted by the judge. He cannot seek certification of medical certificate of a private doctor by Govt.Hospital. Once non appearance for particular hearing or hearings are excused, the Magistrate cannot review the same, if you appear on the next hearing date. Pl. ask your counsel to plead that it would be impossible for certification of past certificates. If the Magistrate cancels the bail and order your arrest, take up the matter by appeal to the Sessions Court.
Well!!!!!! you issue appears to be a first of its kind. Hence consult your lawyer.
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