In a criminal case the accused need not be present in all the postings. Even if that is the law, there may be circumstances in which the presence of the accused is insisted by the Courts. Whatever may it be, the absence of the accused on the date of posting of a criminal case is to be condoned. For condoning the same an application has to be filed in the Court. The reason for the absence coupled with a prayer for condoning the absence is necessary as per law in the petition. The sample form is as under.
BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT, ____(enter station)
CC/ST _______(enter case number and year)
(now enter name of parties)
PETITION FILED BY COUNSEL FOR ACCUSED TO CONDONE THE ABSENCE OF ACCUSED
1. I am the counsel appearing for the accused in the above numbered case.
2. The above numbered case is posted today for ____________(state the nature of posting).
3. But the accused informed me that due to _________(state a reason for the absence) he will not able to be present in the court today.
4. The said absence is not due to his wilful default.
Hence it is prayed that this Honourable Court may be pleased to condone the absence of the accused.
Dated this the ________(enter date)
Sd/- Counsel for the accused