arrest warrant
Querist :
Anonymous
(Querist) 16 June 2010
This query is : Resolved
my father along with 7 other persons was falsely implicated in a case U/s 147, 379,506 IPC in the year 1984. My father got bail from the Hon'ble Session court in that year. Thereafter, nothing was heard about the case. The then police advised my father, the case has been closed.
Suddenly, now in the current month of June 2010, police informed that an arrest warrant has been issued against my father & other 7 persons relating to above mentioned case.
with the assistance of locals moharer, it has come to know that due to prolong absence i.e non-appearing in the Hon'ble Court, such warrant has been issued. The date of hearing fixed on 22nd June 2010.
I cannot understand the basis of the arrest warrant.
Please advise the steps to be taken to avaoid arrest by police.
What action can be taken by the police??
what is the way out??
Devajyoti Barman
(Expert) 16 June 2010
See granting of bail has got nothing to do with the discharge or acquittal of the case which can happen only after or at the time of trial of a case.
In your case the case was not closed and your father after getting bail should have continued to keep track of the case and to put his appearances on the dates fixed. As he has defaulted in making her appearance the court has rightly issued warrant to ensure his attendance before the court to face trial.
Now, do not worry at all as what he will have to do is to just make his appearance before the court and undertake not to repeat the mistake.
BAIL WILL BE GRANTED.
Arvind Singh Chauhan
(Expert) 17 June 2010
I think you have been misguided. Consult with your lawyer who assisted you at the time of bail. After checking the file he may explain the reasons behind.
It is a matter of grief that litigants instead of taking help of their lawyer, still believe on police, court moharir or other staff.
Guest
(Expert) 17 June 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.aail.nandkumarbs@sify.com
REGARDING ARREST KINDLY NOTE THAT.
1.YOUR FATHER WAS CHARGED UNDER SEC.147,379.506 OF INDIAN PENAL CODE IN THE YEAR 1984.HE WAS RELEASED ON BAIL BY DIST AND SESSIONS COURT.BUT SUBSEQUENTLY HE REMAINED ABSENT.HENCE WARRANT ISSUED .
2.YOU MAY KINDLY NOTE THAT ALMOST 26 YEARS HAVE PASSED AND DUE TO ABSENCE IN COURT WARRANT IS ISSUED.
3.IT IS A SERIOUS MATTER.KINDLY NOTE THAT BAIL WAS GRANTED BY SESSIONS COURT AND HENCE THE SAID BAIL MUST HAVE BEEN CANCELLED BY THE SESSIONS COURT.
4HENCE IT IS ADVISIBLE TO FILE A BAIL APPLICATION TO THE SESSIONS COURT AND SERIOUSLY MENTION ALL FACTS OF THE CASE AND ALSO MENTION REASON FOR ABSENCE.YOU SHOULD ALSO MENTION THAT YOU ARE READY AND WILLING TO FURNISH VALID SURETY AS PER ORDER OF COURT AND ALSO READY TO ABIDE BY ALL CONDITIONS OF BAIL.ALSO PRODUCE ALL ADDRESS PROOF AND ALSO RESIDENCE / PROPERTY PROOF IF ANY IN THE COURT.ALSO MENTION THAT IT IS A GENUINE MISTAKE AND WILL ATTEND THE COURT IN FUTURE REGULARLY.
THOUGH MATTER IS TOUGH YOU HAVE TO GET THE BAIL PETITION DRAFTED WITH THE HELP OF LEGAL EXPERTS YOU WILL SUCCEED.
YOU HAVE TO KEEP SURETY DOCUMENTS AND SURETY IN PERSON READY.
5.KINDLY NOTE THAT AS THE PERIOD OF ABSENCE IS MORE ,IN CASE YOU APPEAR BEFORE THE JMFC COURT ON 22 ND JUNE 2010, COURT WILL TAKE YOU IN CUSTODY AND SEND YOU TO JAIL FOR SOME DAYS. HENCE KINDLY TAKE CARE AND CHANGE THE PLACE OF RESIDENCE TILL FINAL HEARING OF YOUR BAIL APPLICATION AT DIST AND SESSIONS COURT. PLEASE NOTE.
6 KINDLY NOTE THAT I HAVE HANDLED SIMILAR CASES AND GOT THE WARRANTS CANCELLED WITH LOT OF PRACTICAL APPROACH .PLEASE NOTE.
I REMEMBER ONE CASE WHEN ONE YOUNG MAN WAS CHARGED UNDER SEC.379 FOR THEFT OF ONE WHEET BAG CONTAINING 100 KG.WHEET IN THE YEAR 1985. HE WAS ARRESTED BY THE POLICE AND BROUGHT BEFORE THE COURT IN THE YEAR 2009 .I APPEARED FOR ACCUSED AND REQUESTED THE COURT FOR BAIL AND SUBMITED SURETY.COURT INSISTED FOR CONDUCTING TRIAL AND START EVIDENCE ,I AGREED AND FINISHED THE EVIDENCE WITHIN A WEEK.THE ACCUSED WAS ACQUITED.
YOU MAY WRITE AND SEND DETAILS WILL HELP YOU.THANKS
Uma parameswaran
(Expert) 18 June 2010
Avail the help of a lawyer and check your case file.No need to worry. Almost 25 years over.But at the time of first appearance on 22nd be careful.
