Experts opinion
Guest
(Querist) 08 January 2012
This query is : Resolved
good evening experts,
hope you all are doing well...sir wanna know ur opinion on a case. plz give ur precious time to my query....
There is a boy who is implicated in a case under section 323, 324, 294 and 506 of IPC...Actually he is unable to attend his hearing coz he is doing job in another state and its not possible for him to attend all hearing personally, thats why he missed to attend his last 4 or 5 hearing and coz of this court has issued non bailable warrant against him...here i have two question
1] If there is any non bailable warrant has been issued then its necessary that after going behind the bar only we get bail or we can get bail simply??and how many times after issuing normal warrant may issue non bailable warrant??
2] If we give a petition of compromise then also we have to take bail or warrant will be abolished automaticaly as we give petition for compromise in court?
Please reply it asap...
Thanking you in advance!!
Have a great time!
V R SHROFF
(Expert) 08 January 2012
warrant can be cancelled by appearing before the court, Apply for warrant cancellation giving reason for not coming to court, and court may impose fine.
Only in certain cases, you can compromise. not all.
M/s. Y-not legal services
(Expert) 08 January 2012
i] warrent issued mean., before arreast at any time you may surrender before the concern judicial magistrate., along with warrent recall petition u/s.70[2] of cr,p.c
your surrender will be admitted and warrent also will be recalled., [court no need to issuing normal warrents on this issue., on a first time it self its can issue the non-bailable warrent]
usually case will be posted for some other day. in the circumstances we have to surrender along with warrent recall petition and advance hearing petition. this 3 petition is a set petitions in criminal side.
ii] and you cant file compromise petition in all criminal cases., so we have to disposes that kind cases by filing quash before high court., in that quash you can file compromise petition.,
-tom-
Guest
(Querist) 08 January 2012
thank you sir for ur swift reply...pl tell me in non bailable warrant he may apply for anticipatory bail without appearing before court and how many chances are there to get bail?
Thanx once again!
Devajyoti Barman
(Expert) 08 January 2012
1. It would depend upon the court. The court may give him bail with or without keeping him in custody for some time.
2.If compromise petition is filed the warrant is likely to be recalled.
For non compoundable offence the de facto complainant needs to first testify in presence of the accused before he is acquitted or discharged.
Devajyoti Barman
(Expert) 08 January 2012
Yes with the aid of compromise petition you can apply for anticipatory bail as well.
Guest
(Querist) 08 January 2012
thank you mr tom...
Pl tell in these aforesaid section parties may go for compromise or not?
Rajeev Kumar
(Expert) 08 January 2012
Dear Tabassum First of all i would like to clear that he have to surrender before court and on the same day bail application should be moved and it totally depends upon court whether he grant the bail on same day or send him to judicial custody for a few days and therafter grants bail. After compormise the warrant will not be abolished automatically. Yes after compormoise he will get bail easily without going behind bar
Guest
(Querist) 08 January 2012
thanx a lot devjyoti burman sir...
Guest
(Querist) 08 January 2012
thanks Mr Rajiv Kumar for ur reply but plz while giving ur reply dont use dear for querist especialy for gals...If we querist are giving u respect then same time we also expecting the same..anyways, thanx a lot for ur reply.
M/s. Y-not legal services
(Expert) 08 January 2012
provision is quash before high court,
in quash proceedings both parties can file their compromise petition before high court., court can dispose the matter on the support of compromised memo.
-tom-
Sushil Sharma
(Expert) 08 January 2012
you have to surrender only. anticipatory bail may be considered only in case of compromise
Raj Kumar Makkad
(Expert) 08 January 2012
I think much has already been advised to the author and nothing more remains to be added on my part.
Guest
(Querist) 08 January 2012
yeah makad sir, i m also satisfied with all replies...
Thanx to one and all experts!
Deepak Nair
(Expert) 09 January 2012
Yes sufficiently advised by experts. Now act as advised.
Shonee Kapoor
(Expert) 09 January 2012
nothing to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Querist) 10 January 2012
thanx experts....have one more ques to ask in this regard, pl tell me if concerned person still avoiding non-bailable warrant then court may pass an order to attach his property?and what will happen if he dont have own property then court may direct to attach his father's property although his father is alive and his father is only owner of his property?
Thanx a lot!
M/s. Y-not legal services
(Expert) 10 January 2012
judicial magistrate can not pass such order like your question.,
"if concerned person still avoiding non-bailable warrant "- first understand one thing, warrant on accused., but court not issuing warrant to the accused. warrant to police's hand only., police have to execute that., if police failed to execute that mean for that court can not attach accused's property.,
but in surety matters court can attach the property.,
-tom-
Guest
(Querist) 11 January 2012
thanx a lot for ur reply...
M/s. Y-not legal services
(Expert) 12 January 2012
no need your thanks.,
since you are await for your enrollment you are not allowed to behave like a layman., just involve your self with court practice.,
this is the reason behind my words that "do court practice rather than going to corporate side"
even your liberty is left open., wish you all the best.,
-tom-
Raj Kumar Makkad
(Expert) 15 January 2012
Property of father cannot be attached under the grab of the arrest warrants issued against his son.
M/s. Y-not legal services
(Expert) 20 January 2012
seriously i feel shame for answered to this query..
you made a smart person by making you fool which i cant accept..
-tom-
