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anil bhargava (prop)     23 July 2016

Non bailable warrants

Dear,

We had filed 5 cases of cheque bouncing and NBWs have been issued against the accused. In one case, the accused have taken bail, but after that they are not coming.The Accused are very much available, but the local police is not arresting as he has clout with local politicians, bureacrats and police since he runs a small evening news paper.

Under these circumstances, please advise.

Thanks

Anil Bhargava



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2016

The offences committed by an accused fall under two categories:

 1. Bailable cases, 

2. Non-bailable cases. 

When any person accused for a bailable offence is arrested or

detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and

is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail.

In case of a bailable offence bail is a matter of right

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     23 July 2016

In case the police is not making efficient efforts to execute the NBW's , request the judge to habve them executed throiugh senior police officials.

Thereafter if you are unsuccesful despite that, move for the processes mentioned u/s 82, 83 of the Crpc

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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