Respected Members,
In a police case of 324 IPC (Bailable Offence in A.P.), when the case has reached the stage of arguments, the magistrate issued NBW against accused for his absence and for want of representation. The said NBW was recalled four days later.
The magistrate again issued NBW for want of his presence on the next adjournment. Ten days later, an application under section 70(2) Cr.P.C. was filed. Unfortunately, the magistrate dismissed the said application stating that " It is the second time that the NBW was issued against the accused at the stage of arguments, that there is every likelihood of the accused to flee from justice and hence, the petition is dismissed. Remanded the accused to judicial custody."
It is pertinent to state here that the accused was on bail by furnishing property certificates and no order of cancellation of bail was passed by the magistrate at the time of dismissing recall petition.
Is it justified to remand the accused to judicial custody in a bailable offence that too without cancelling the bail?
Now, what is the recourse for the accused to come out of jail?
Whether an application under section 436(2) Cr.P.C. is sufficient?
Pls give your valuable suggestions.