Deepthisudan (housewife) 03 May 2016

Cancellation of accused's ab

Respected Experts,

Accused in Forgery & Cheating case already got AB from Madras Highcourt & surendered in DM Court. Out of 5 hearings, the Accused has attended for only the frst hearing & not attended any other hearing sofar.During the last hearing as the Accused has not attended, the Magistrate expressed his displeasure & ordered for summon to the Accused to attend next hearing. In the event of the Accused not attending the forthcoming hearing, whether the Complainant can move applicaton for cancellation of Accused's AB? If so, where that Application to be submitted ie. to DM Court or Madras High Court?

Thanks & Regards,

Deepthi

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4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 03 May 2016

Sir,

Cancellation be filed before the Hon'ble Supreme Court.

Warm Regards

Kapil Chandna Advocate

9899011450

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Pawan S (Advocate) 03 May 2016

No application needs to be submitted.

What need to be practiced to make sure of the comportment of the accused, is completely remains within the magistrate's discretion. If accuse will not attend the upcoming hearing, then the Magistrate may issue NBW.

Regards,
Ekta

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Sidharth 04 May 2016

Let the court issue NBW, if police failed to present accused in trial court. Then move to HC for cancellation of AB

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Siddharth Dev (Advocate) 13 May 2016

sir

i suggest you should attend court through your cls. and make sure whether cancellation had been filed in superior court i.e. Session Court or not and further allowed by him or not and certainly your NBW had been issued and you have to file an application for NBW cancellation. Well NBW and Bail cancellation are different matters but can be a ground for AB cancellation

there is no difference between any pre arrest bail and regular bail meaning thereby it is a general ground for bail that person will not abscond and when this ground is considerable how abscondence can not be the ground to reject bail in case bail cancellation had been filed.

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