Asking Accused To Appear In Every Appeal Hearing Unwarranted When Sentence Has Been Suspended : Supreme Court

Flagging a practice prevailing in Haryana, the Supreme Court recently observed that asking an accused to regularly appear in appellate proceedings is unwarranted if his sentence has already been suspended and bail granted.

"The appeal before the Appellate Court many a times would be pending for months or years together and many a times after being posted before the Court for hearing it would be adjourned for myriad reasons namely either at the instance of the appellant - accused or the State or the complainant etc. However, in such circumstances, to call upon the accused to be present on every date of hearing before the Revisional Court or the Appellate Court would be burdensome to such accused and same is not warranted at all and it would serve no purpose", said a bench of Justices Aravind Kumar and Prasanna B Varale.

The Court noted that if the convict's appeal or revision is dismissed, necessary consequences would automatically follow and the jurisdictional magistrate would be fully empowered to secure the presence of the accused in accordance with law.

The matter pertained to a cheque dishonor case, where the appellant was convicted. In her appeal against the conviction, her sentence was suspended and bail granted. Later however the appellate court cancelled the bail and issued non-bailable warrant (triggered by repeated change of counsels). The appellant was taken into custody and her prayer for bail rejected. Aggrieved, she approached the High Court. Against an adjournment order passed by the High Court, she approached the Supreme Court.

While issuing notice, the Supreme Court expressed dismay at the appellate Court's insistence on the appellant's presence on all dates of hearing. Calling the same "appalling" and "shocking", it said,

"It is appalling and shocking to note that appellate court having insisted for appearance of the appellant on every date of hearing particularly in the backdrop of the suspension of sentence already passed. Prima facie the course open for the appellate court was to either appoint an amicus curiae and hear the appeal on merits and pass appropriate orders thereon or grant an opportunity to the concerned appellant-accused to make alternate arrangement if counsel was not assisting the Court."

In the latest hearing, Senior Advocate Lokesh Singhal appeared for State of Haryana and informed that the practice of an accused being asked to remain present before Appellate Court on all the dates of hearing is prevalent in the state, even if an order of suspension of sentence has been passed and bail granted. He told the Court that the same is in light of Form No.45 (Bond and Bail-Bond for attendance before Officer in Charge of Police Station or Court) found in Schedule II of CrPC.

Because an accused, while executing such bond, undertakes to attend Court after being granted bail, he is directed by the Appellate Court or the Revisional Court to appear on all dates of hearing, he said.

Accordingly, the Supreme Court passed the above order. It further asked that its order be placed before Chief Justice of P&H High Court for intimation to district judiciary. It was also stated that the bail granted to the appellant-accused shall remain in operation till disposal of the criminal appeal and she shall cooperate towards expeditious disposal of the same.

Case Title: MEENAKSHI v. STATE OF HARYANA, SLP(Crl) No. 19050/2025

Citation : 2026 LiveLaw (SC) 60

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