Legal Question in Criminal Law in India

Dismissed in default for non appearance or for non prosecution or any other reason. plz explain. if it is due to non appearance then court would have already caqncel your bail and warrant would have been issued.

Your further clarification is welcome at nominal consultation fee;

KAMAL GROVER,

Advocate (Chandigarh, India)

M:+919814110005

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Regards and good luck

Move in an application explaining the circumstances under which you could not appear and the appeal got dismissed. The court has powers to restore it. Your best bet is to go before High Court under 482 Cr P C

the bail is granted only till the time an appeal is filed and after that the sentence has to be suspended by the appellant court. has the sentence been suspended or not. you may move an application for restoration of appeal and restoration of order suspending sentence in case the same was suspended otherwise the accused would be in trouble and he may be picked up any time.

As advised before, a criminal appeal is not dismissed "in default" . Even if the appellate court may have decided ex parte, the decision should be on merits. There is no provision for restoration of a criminal appeal. Your only remedy may be to file an appeal / revision before the next higher court. The bail comes to an end alongwith the decision of appellate court. You may have to "surrender" and produce a "custody certificate" for seeking bail from the higher court.

A criminal appeal once admitted is decided on merits - even in absence of appellants. With decision of appeal, bail bonds stand cancelled - irrespective of decision of appeal.

You will be required to approach superior court.