Sir/Madam,
I am an accused in an accident case in which a person has succumbed to injuries. The case is being heard in Judicial Magistrate of First Class (JMFC) court. I am on a bail sanctioned by the court. The court is in Karnataka and I am from Andhra Pradesh but working in Telangana. I depend on my advocate for updates about the case.
My last three hearings were on the following dates
a). 9th August, 2022. It was a holiday because of Muharram. But the case was posted to next day i.e., 10th August, 2022.
b). 08th November, 2022. It was a holiday because of Gurunanak Jayanti.
c). 03rd January, 2023.
I didn't attend the court on the above three days. Not because two days were holidays but because I was asked by my advocate not to appear. Because, he said the summons are not issued to the witnesses yet. And hence, there was no use even if i attend the court. He said the same thing for 3rd January, 2023 hearing also. So, naturally I thought whatever the lawyer said was correct.
Now, the case is scheduled to be heard on 12th, April, 2023. My advocate has called me on 3rd and told me that I have to appear before the court on 12th, April, 2022. I said okay. But, today, when I opened e-courts app, then I saw that a Non-Bailable Warrant has been issued against me. It says "NBW to accused". When I called my advocate and asked him, he assured me that everything will be alright. He said the app must be showing NBW because of some technical glitch. But, I don't think that is the case.
I did some research and called up my advocate and told him that I will come to the court on 7th, January, 2023 so that we can apply for cancellation/recall of Non-Bailable Warrant.
I sincerely request your good selves to guide me through this. I have the following questions. Please answer them as I am going to the court this Saturday (i.e., only one day time left)
1. Why is a Non-Bailable Warrant is issued against me?
2. Since there is a Non-Bailable Warrant against me, will I be arrested by the police when I go to the court and put me in a jail?
3. Is applying for Cancellation/Recall of Non-Bailable Warrant is the only option now?
4. What are the chances that the court cancels the Non-Bailable Warrant and what are the chances that the police arrest me?
5. Is it a good idea to go to court on Saturday, as the District court will be closed on Sunday, in case if I get arrested? So, should I go to the court on Monday rather?
6. If I get arrested and put in jail, can I apply for the bail immediately with the District Court ? or Should I first serve some time in jail before becoming eligible for applying bail in upper courts?
7.What reasons should I give to the court for my absence for consecutive hearings?
8. I am a Central Government employee. If I spend more than 48 hours in a prison, will it affect my job adversely? By keeping this in mind, is it better if I attend the court on Monday instead of Saturday?
Thanks a lot sir/madam. Please guide me through this.
