MANOJ HARIT (LAWYER) 14 May 2014

Jail

Respected Experts,

A person is in custody pursuant to his arrest in execution of NBW issued u/s. 138 N.I.Act. He has been granted bail on cash bond of Rs.15000/- But he has not paid the bond & chosen to remain in jail.

In another case u/s 138 NI ACt this same person is wanted for arrest in execution of NBW issued by another Court from neighbouring State. The police & the Original Complainant in that case r waiting for his release from custody so as to arrest him since last two days.

What are the options for securing his custody?

Thanks,

Regards,

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4 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 14 May 2014

The police officer, in whom favour the warrant was issued, has to make formal arrest in the prison in the presence of Jail authorities and then the accused has to be produced before the magistrate on P.T. warrant.

MANOJ HARIT (LAWYER) 14 May 2014

Thanx for the prompt reply Saleema Kabeer.

Any options available for the Original Complainant of the second complaint?

adv.raghavan (Advocate,9444674980) 17 May 2014

one thing i do not understand is, when a accused is already in a judicial custody,and you have a NBW issued by another court, why u have to wait for his release? when u can easily apprehend in jail itself and ask police to produce in concerned court.