Srinivas (.) 18 April 2016

498a-nbw-urgent

Hi Sir, Wife filed 498a on me only and later in Remand report police added my parents names. am on regular bail and parents taken anticipatory bail. After that police added my brother and sister names to the chargesheet and filed in the court saying requesting the court that issue NBW to A4-A5 saying ABSCONDING. Meantime A-4 and A-5 applied for charge sheet quash in High court but Because of NBW pending its kept on Hold. Now NBW pending against to A4 and -A-5. In court website status showing “Stage of Case: ISSUE BW/NBW”, Our lawyer is telling if A4 and A-5 don’t attend on 28-04-2016 court will issue NBW against to A-4 (Sister) and A-5 (Brother). But my sister (A-4) and my brother (A-5) are not feeling well and also they joined in Hospital because of this mental torture and also they are unable to attend court hearing on 28-04-2016. Please advise is it possible to file any petition (A4-A-5) for their absence and to stop ISSUE BW/NBW If so please advise. Thanks for ur time.

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5 Replies

dream (individual) 18 April 2016

It's a very simple procedure to get the nbw recalled. Let a4 n a5 present themselves on that next date without any fuss or inhibitions. Simple

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 18 April 2016

I think they should surrender and get regular bail. First obtain bail for all then fight it back.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 19 April 2016

Sir,

kindly note that

1. N.B.W. ISSUED AGAINST THE ACCUSED 4, 5.

2. THERE ARE CHANCES OF ARREST AND HENCE ANTICIPATORY BAIL APPLICATION CAN BE FILED AT SESSIONS COURT /HIGH COURT FOR INTERIM PROTECTION.

3. ANOTHER OPTION IS THAT, THE SAID ACCUSED CAN SURRENDER BEFORE SAID COURT BEFORE WHICH SAID COMPLAINT IS PENDING AND APPLY FOR REGULAR BAIL AND FURNISH SURETY DOCUMENTS AND SURETY. AND ALSO APPLY FOR CANCELLATION OF WARRANT.

GOOD LUCK.

N.B.SAWANT.M.COM.LL.B.ADVOCATE HIGH COURT.