Bail in another cases
Madhu Mittal
(Querist) 03 June 2019
This query is : Resolved
An accused u/s 138 Negotiable Instruments Act is being given bail on a hearing date in a case under which bailable warrant has been executed. In the said court , two other cases u/s 138 N I Act were also pending of same complainant at the stage of bailable warrant to be executed. Please let me know whether Court must take bail in another two cases when the said is brought to notice of Court by complainant or Court has right to tell the complainant that today is not hearing dates of another cases , so no need to talk about bail in two other cases.
SHIRISH PAWAR, 7738990900
(Expert) 03 June 2019
You may point out to court that bailable warrant is issued in another case also. Court may ask for cancellation and bail in another case. But bailable warrant can be cancelled on respective dates.
Madhu Mittal
(Querist) 03 June 2019
Respected Sir,
Thanks with Regards for guidance. But Problem is here that in spite of drawing attention of Court, Court is not willing to do anything in another two cases. So please let me know any law etc so that that can be brought to the notice of Court to get bail in another two cases and thus not only time of Court but Police also be saved.
Sudhir Kumar, Advocate
(Expert) 04 June 2019
The court will attend to the case of which file is on the table of the judge and both parties present. The court is not expected to base its decision on the extraneous consideration.
Dr J C Vashista
(Expert) 04 June 2019
Each and every case shall be taken up/ heard on date fixed, if there is no interlocutory application.
Madhu Mittal
(Querist) 04 June 2019
Thanks for attending my problem. What I want to say is “that an accused is taking bail in one case after being approached by the Police in that case”, two other cases of said accused is pending at the level of bailable warrant to be executed, whether the Court should take bail in those cases also as the accused is present in the court if complainant brought this fact to the notice of Court ? Please guide what should complainant do in this situation so that bail in two other cases be taken, as all of us know how difficult/cumbersome to get warrant executed by Police.
Dr J C Vashista
(Expert) 05 June 2019
No, the court shall take up every case on date fixed.
