Arrest of accused in appeal from acquittal
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Summary
If the prosecution appeals a trial court's acquittal to the High Court, the High Court may issue a warrant to have the accused arrested and brought before it or a subordinate court. The court that receives the accused can either commit them to prison while the appeal is pending or admit them to bail.
Example
Rohan was acquitted by a trial court but the State appealed to the High Court. The High Court issued a warrant to have him arrested and produced before a subordinate court, and that court remanded him to prison pending the appeal instead of granting bail.
Bare Act
Enacted textWhen an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.
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