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Kanak   13 September 2016

NBW

I am on anticipatory bail, last two dates I didn't attend court. On first day I was not feeling well, on second date there was strike in city, so I couldn't attend. On first date I was having lawyer, but on next date I I wasn't coz I got noc from him so that I can proceed as party in person . Now court has issued NBW, and next date is after 2 months. 1. May I get arrested? 2. Can I file u/s 70(2)? 3. Do I need to apply for fresh bail?


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 7 Replies

Sachin (N.A)     13 September 2016

A Non-Bailable warrant issued against an Accused can be cancelled at any time before it is executed. 

 

Since you have already been granted bail by court, and the court had issued NBWs against the accused on account of non appearance in court on date, you should file an application

Cancellation of non bailable warrant - U/S 70 (2) of CrPC 

before the concerned court seeking recalling of NBWs orders by stating reasons for your non appearance on the relevant date. You should mention such a reason, whereby it was beyond your control to put in your appearance in court on the date. By moving such application, you can seek cancellation of the orders of the issuance of the warrants. Your previous conduct of appearance in the case will also have an impact on the orders to be passed on the application

Kanak   13 September 2016

Thank you sir, can I apply for recall immediately before next date? Is it possible that I get arrested before that?

Sachin (N.A)     13 September 2016

You can be arrested anytime better to file it as early as possible like tomorrow

Kanak   13 September 2016

K thank you sir, can it be recalled in one day or it will take time?

Sachin (N.A)     13 September 2016

Courts will cancelled that immediatly if you appear personally, when court cancelled that order of NBW

Request the court to give you a copy of its latest order so that police cannot harras you.

there is provision for it u/s 363crpc

Kanak   13 September 2016

Thank you sir for ur kind reply

Kanak   15 September 2016

Thank you Sachin sir, it has been recalled...

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