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Santu   26 June 2017

Can i get regular bail or ab?

A FIR was lodged against me in 2009 u/s 420 regarding a fraud of rs 7500. A case was registered in December 2009, Police investigated and recorded statement of witness w/s161 crpc. But I was unaware of the fact. Charge sheet filed against me in August 2010 declaring me as absconding. Accord to Chargesheet it reveals that raid was conducted to arrest me but no good I was absconding and avoiding arrest. But neither police raided or I was absconding. I was not informed about the case. But I am living daily life as lead. I worked for Contractual Employee of state government from 2010 to 2014 without any trouble. I was engaged in Election Duty by Election Commission of India three times and now I am working in school. so How Can I be absconding. now 2016 I came to know that a NBW issued against me by ACJM. In charge sheet I.O seek wp/A as he declared me absconding. I/O mentioned that closed the diary and investigation completed. Now my question that in this circumstances Can I get regular bail or AB?


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 5 Replies

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

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?

Santu   28 June 2017

Can nbw be stayed in session Court.

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.

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