Legal Question in Criminal Law in India

Judgement in absence of accused

In a crimical case of intimidation and attempt to murder where multiple accused are in trial.All accused are on bail. if one of the accused is absent on the judgement day. Can the judge still pronounce its verdict. Pls explain possible scenarios.


Asked on 5/08/09, 3:56 am

5 Answers from Attorneys

Pranav Desai PD Legal & Associates

Re: Judgement in absence of accused

Possibly in respect of the other accused. However, the judge may issue warrant against the accused not present beforre the court or cancel bail.

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Answered on 5/09/09, 3:43 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Judgement in absence of accused

Judge will postpone the judgment and take steps like warrant to accused and notices to surety to procure presence of all the accused.

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Answered on 5/08/09, 6:25 am
Gary Moore Gary Moore Attorney At Law

Re: Judgement in absence of accused

Each defendant is deemed to have a separate and individual case in which his individual guilt must be proven beyond a reasonable doubt. The absence of another defendant during trial or sentencing is of no consequence.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 5/08/09, 7:03 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Judgement in absence of accused

yes court can

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Answered on 5/08/09, 7:07 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Judgement in absence of accused

In a case pending in court, one may want to follow the conducting lawyer's advice.

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Answered on 5/08/09, 11:50 am


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