Santu 26 June 2017
Arjun Kohli 26 June 2017
This point of law was cleared by the Hon'ble High Court of Madhya Pradesh in the case of Nirbhay Singh & Anr v State of Madhya Pradesh.
It is clearly stated there that the application u/s 438, i.e, Anticipatory Bail is maintainable even after the Magistrate issues a Non-bailable Warrant.
It is logically clear to me as well since the accused has not been yet taken into the custody literally, i.e, not literally arrested and Bail can only be provided once a person has been placed under such custody. As long as you are not arrested by the Police, you can go ahead and file for an Anticipatory Bail and make all these points in your defence clearly in your application. I suggest you take sound legal counsel for putting the best foot forward.
Santu 27 June 2017
Santu 28 June 2017
Arjun Kohli 06 July 2017
Originally posted by : Santu | ||
Can acjm can change section mentioned in chargesheet even pp has no objection for granting me bail..? NBW can be serverd to any accused without any notice or summon or its kind? |
Magistrate can indeed change or alter the charge at any stage of the trial u/s 216 of CrPC.
Non-bailable Warrant is a stern step and is issued only after the reasonable measures of procuring the attendance of the accused are exhausted or the Magistrate considers that a NBW is essential for procuring the concerned attendance. Usually these are issued when it is unlikely that summons or bailable warrants would be issued, or when these are not honoured by the person in whose name these are issued, or when it is in the larger interest of Public.
Arjun Kohli 06 July 2017
Originally posted by : Santu | ||
Can nbw be stayed in session Court. |
Indeed, the superior Court to the one that has ordered a Non-bailable warrant, can grant a stay on the said warrant, in this case being the Sessions Court.