Bailable Warrant
sunil pagare
(Querist) 22 December 2009
This query is : Resolved
Court issued bailable warrant not executed,accused appear before court.he has not moved an application for cancellation of bailable warrant.sec.70(2)of cr.p.c the warrant shall remain in force unless & untill it is excuted or cancelled.But this provison for arrest warrant. What will the conseqence if the accused not move an application for cancellation of bailable warrant.
Arvind Singh Chauhan
(Expert) 22 December 2009
Warrant means arrest warrant. If bailable, police can also release on bail. If you don't apply for cancellation court may send accused in to judicial custody to secure his attendance in future, In such case you would have to seek fresh bail.
Raj Kumar Makkad
(Expert) 22 December 2009
In the matter of bailable offence, if the accused has appeared before the court then his bailable warrants stand cancelled and no specific order is required to be passed by concerned court. The warrants are meant for securing the presence of the accused.
Devajyoti Barman
(Expert) 22 December 2009
The difference between bailable and non-bailable warrant/offence is in bailable warrant or offence the accused get bail as a matter of right. The bailable offence does not debar the Police to arrest the offender. In non-bailable offence or warrant the court grants bail in exercise of its discretion albeit judicial. So in nut shell mere appearance in the case does not ipso facto recalls the arrest. The accused better pray for cancellation or recalling the warrant of arrest if he appeared in the meantime.
Guest
(Expert) 22 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE BAILABLE WARRANT KINDLY NOTE THAT
1.BAILABLE WARRANT WAS ISSUED ,ACCUSED APPEARED IN COURT THEN HE HAS TO APPLY FOR CANCELLATION OF WARRANT.COURT WILL IMPOSE SOME AMOUNT AS COST FOR CANCELLATION OF WARRANT WHICH IS TO BE PAID IN THE COURT BY ACCUSED AS PER ORDER OF COURT TOWARDS COST OF CANCELLATION OF WARRANT AND RECEIPT WILL BE ISSUED TO ACCUSED FOR CANCELLATION OF WARRANT.THEN COURT WILL RELEASE ACCUSED BY CANCELLING THE BAILABLE WARRANT.PLEASE NOTE THIS AMOUNT WILL INCREASE ON THE BASIS OF NO.OF DATES ACCUSED REMAINED ABSENT IN THE COURT.COURT MAY EVEN CANCELL THE BAIL AND ORDER THE ACCUSED TO FURNISH FRESH BAIL BY FORFEITING EARLIER BAIL BONDS AMOUNT WHICH IS TO BE DEPOSITED IN COURT IF PERIOD OF ABSENCE ON LAST DATES IS MORE AND NO PROPER REASON IS GIVEN BY THE ACCUSED FOR HIS ABSENCE.PLEASE NOTE.
IT IS A SERIOUS MATTER .HENCE ACCUSED SHOULD NOT TAKE IT LIGHTLY .IN CASE HE DOES NOT APPLY FOR CANCELLATION OF WARRANT COURT MAY ORDER THE POLICE TO TAKE THE ACCUSED IN CUSTODY AND SEND HIM TO THE JAIL AND ORDER FOR FRESH SURETY TO BE SUBMITED IN COURT BY FORFEITING THE EARLIER BAIL BONDS AMOUNT PLEASE NOTE.
KINDLY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
sunil pagare
(Querist) 22 December 2009
I'm agreed with Rajkumar sir,is there any citation regarding no need to move an application for cancellation of bailable warrant
N RAMESH.
(Expert) 23 December 2009
As explained by Mr.Rajkumar and Mr.Barman in detail, bail is matter of right in bailable cases. In bailable cases, once the accused appeared, the bail will be cancelled/recalled.
Therefore no citation is required Mr.Sunil.
Ajay Bansal
(Expert) 26 December 2009
If the accused is granted bail by court then matter is over regarding issuance of warrant.
Guest
(Expert) 01 January 2010
If the bailable warrant is not cancelled/recalled by the accused, the court will go further and issue a non-bailable warrant against him and he will be put to a much difficult situation.
