Dismissal of recall nbw petition
sridhar pasumarthy
(Querist) 18 April 2013
This query is : Resolved
Respected Experts,
In a police case of 324 IPC (Bailable Offence in A.P.), when the case has reached the stage of arguments, the magistrate issued NBW against accused for his absence and for want of representation. The said NBW was recalled four days later.
The magistrate again issued NBW for want of his presence on the next adjournment. Ten days later, an application under section 70(2) Cr.P.C. was filed.
Unfortunately, the magistrate dismissed the said application stating that " It is the second time that the NBW was issued against the accused at the stage of arguments, that there is every likelihood of the accused to flee from justice and hence, the petition is dismissed. Remanded the accused to judicial custody."
It is pertinent to state here that the accused was on bail by furnishing property certificates and no order of cancellation of bail was passed by the magistrate at the time of dismissing recall petition.
Is it justified to remand the accused to judicial custody in a bailable offence that too without cancelling the bail?
Now, what is the recourse for the accused to come out of jail?
Whether an application under section 436(2) Cr.P.C. is sufficient?
Pls give your valuable suggestions. Thanks in advance.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 April 2013
It seems that since you have thanked in advance so no body has responded to your query.
What is the status of accused now, it not arrested already than go for revision against dismissal of the application.
Conditional stay and/or cancellation of NBW can be granted.
ajay sethi
(Expert) 19 April 2013
file revision application against order
sridhar pasumarthy
(Querist) 19 April 2013
@ Mr. Ajay Sethi & Mr.Advocate Defence,
Thanks both of you for your inputs.
Accused is in judcial custody. Preferring revision to sessions/high court may take substantial time for its disposal. Hence, I request you to suggest any ways which work out in the Magistrate court itself.
Raj Kumar Makkad
(Expert) 19 April 2013
If accused is already in judicial custody then the regular bail application should be moved before the lower court itself.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 April 2013
Since the accused has jumped bail twice so it will not be easy to get bail in lower court.
High court may be costly and may take more time but you can go quickly go to sessions court and can get some relief.
Raj Kumar Makkad
(Expert) 20 April 2013
The opinion of Advocate Defense is also worth mentioning.
