bail u/sec 438 crpc

This query is : Resolved 
 


Querist : Anonymous (Querist)
17 March 2011

sir
A person was on regular bail in a NDPS Act case, he jump his bail due to some health problems. my query is that whether he has remedy to file bail under sec 438 crpc before trial court or not ? OR whether he should file bail before appellant/high court? kindly suggest me. thanks



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adv. rajeev ( rajoo ) (Expert)
17 March 2011

If he is absent appearing before the court, court will issue NBW to the accused. It can be recalled by showing the medical certificate. If NBW is executed he has apply for the fresh bail in the same court.

Sarvesh Kumar Sharma Advocate (Expert)
17 March 2011

better go to hon'ble highcourt u/s-482 cr.p.c.

Kiran Kumar (Expert)
17 March 2011

move an application under S.438 Cr.P.C because NDPS offence is a serious offence and courts are not lenient in such matters.

if the accused has skipped the date, better seek anticipatory bail and enclose the medical certificate with the application.

one clarification for Sarvesh (my dear friend)....in state of UP, S.438 was repealed by the state so there are no powers with Sessions court and HC to grant anticipatory bail under S.438 Cr.P.C

However, Allahabad HC exercises its powers under S.482 Cr.P.C to stay the arrest of the applicant.

for rest of the country the normal procedure under S.438 Cr.P.C will follow.

and one more thing, u mistakenly used the word BATTER, dear it has some different meaning...better use the word 'better'


Sarvesh Kumar Sharma Advocate (Expert)
17 March 2011

thnx kiran sir,i modify that.
i suggest for warrent recall by u/s-482 cr.p.c.
and it is now a days in prectice!
and the accused can avoid the curresive action!

Kiran Kumar (Expert)
17 March 2011

but still that procedure is confined to UP

Advocate Sachdev Bishnoi (Expert)
18 March 2011

i agree with Advocate Kiran Kumar



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