SC ends practice of asking accused to regularly appear in court during hearing of appeal in Haryana

The Supreme Court has put an end to the practice of asking an accused to regularly appear before a court during hearing of an appeal in Haryana, saying it’s not warranted at all if his sentence has already been suspended and he has been granted bail.

“Hence, we are of the considered view that, directing the appellant – accused to be present before the appellate court or the revisional court would not be warranted particularly after an order for suspension of sentence has been passed and bail has been granted,” a bench of Justice Aravind Kumar and Justice Prasanna B Varale said in an order earlier this month.

The top court, however, said, “In the event of appeal or revision being dismissed the consequences would automatically follow and the jurisdictional magistrate would be fully empowered to secure the presence of such accused…”

“It is also made clear that bail granted to the appellant by this court by order dated 27.11.2025 would be in operation till disposal of the appeal… and appellant shall cooperate with the appellate court in disposal of the appeal expeditiously and preferably within three months,” the bench ordered.

Disposing of a petition filed by one Meenakshi in a dishonour of a cheque case in which she was convicted by the trial court and granted bail while her appeal was pending, the top court ordered that a copy of its order be placed before the Punjab and Haryana High Court Chief Justice for being circulated to the district judiciary through appropriate circular.

The appellate court had cancelled the bail and issued a non-bailable warrant due to repeated change of advocates and was taken into custody and her prayer for bail rejected. She challenged the rejection of bail before the high court and she finally moved the top court against an adjournment order passed by the high court.

“The appeal before the appellate court many a time would be pending for months or years together and many a time 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 the same is not warranted at all and it would serve no purpose,” the bench said.

The order came after Haryana Senior Additional Advocate General Lokesh Singhal told the bench on behalf of the state government that the practice of an accused being asked to remain present before appellate court on all the dates of hearing was prevalent in the state, even if an order of suspension of sentence had been passed and bail was granted to the accused.

“It is appalling and shocking to note that the appellate court has insisted for the 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,” the top court had noted in its November 27, 2025 order.