mushtaq (junior) 16 August 2011
If a non bailable warrant has been issued in a persons name, and he has been absconding,if the person chooses to file an SLP in the Supreme Court against the order cancelling his bail and issuing the NBW , is it imperitive upon the accused to surrender before he signs vakalat and the affidavit ?
pratik (self working) 17 August 2011
good question
N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 19 August 2011
Yes to recall the N.B W an accused must surrender/appear before the concerned court and can file a petition uner section 70(2) of Cr.P.C to recall warrant.
Even the supreme court/ high court can only direct the concerned lower court to consider the application on surrendering of accused.
It has been held in several decisions that only the court which issed the NBW can only recall the warrant.
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