Arrest of accused in appeal from acquittal
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Summary
When an appeal by the prosecution is presented, the High Court can issue a warrant ordering that the accused be arrested and brought before it or a subordinate court. The court where the accused appears may either commit them to prison while the appeal is pending or admit them to bail. This applies during the pendency of the appeal from an acquittal.
Example
Priya was acquitted of a theft charge but the state files an appeal. When the appeal is presented, the High Court issues a warrant to arrest her and bring her before court. The court may keep her in prison while the appeal is decided or release her on bail.
Bare Act
Enacted textWhen an appeal is presented under section 378, 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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