First appearance
When the accused appears in response to summons, the court may require the applicable bail bond or personal bond and surety in accordance with the governing procedure and court order.
Bailable offence
Section 138 is ordinarily classified as bailable. Under the BNSS, Section 478 deals with bail in bailable cases, subject to the provision and applicable transition rules.
Exemption from personal appearance
An accused may seek exemption where legally available. Exemption is not automatic; an application should explain the grounds and comply with the court’s order.
Ignoring summons
Failure to appear can lead to coercive process, including warrants, depending on the court’s orders and procedural requirements. It is not advisable to ignore summons.
Warrant or arrest
If a warrant is issued, the appropriate remedy depends on the warrant, stage and court. Obtain the order sheet and seek case-specific legal advice promptly.
After conviction
Bail and suspension of sentence pending appeal are distinct from ordinary trial-stage bail. The relevant appellate provisions, deadlines and any deposit requirements must be checked.
Section 148 deposit
Section 148 NI Act permits an appellate court, in the circumstances specified by the provision, to direct a deposit of at least 20% of the fine or compensation awarded by the trial court. It is not the same as a routine bail bond.
This article is general information. Do not miss a court date or assume that a bailable offence means court attendance can be ignored.
PROFESSIONAL INFORMATION
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