cancellation of bail
Advocate M J
(Querist) 18 April 2011
This query is : Resolved
Good Evening Respected Members.
Sir my query is:
Whn NBW is issued against the accused, he recalls the case and apply for bail
1] How can the compliantant lawyer cancel his bail application, becoz we will not b knowing whn the accused will recall his case.
2) Is thr any application must be submitted before the court on the previous hearing, to inform the compliantant lawyer that the accused has recalled his case,,so that the complianatant lawyer can appear on that date and object the accused bail.
3} The Accused is a habitual offender, and thr are many cases against him in the same court. so as a complianatanat lawyer can this be a strong point for his bail to be canceled.
4} OR THR IS ANY OTHER WAY I CAN CANCEL HIS BAIL. HOW CAN I GET TO KNOW WHN DID THE ACCUSED RECALLED HIS CALL FOR THE BAIL. SO I CAN OBJECT IT
Thank you sir
Advocate. Arunagiri
(Expert) 18 April 2011
When the NBW is recalled, the question of applying for bail does not arise.
Advocate M J
(Querist) 18 April 2011
The accused has to recall the case under section 309 of Crpc in morning hours of the court, thn he can apply for bail. thn the bail may be granted under the discretion of the court.
I wanted to object the bail at that moment. but i will not b aware wnt the accused will recall his case.
so i wanted to know is thr any application to be submitted before the court to cancel his bail. And i be informed that the accused has applied for the bail.
Thank you sir
Sarvesh Kumar Sharma Advocate
(Expert) 18 April 2011
1] How can the compliantant lawyer cancel his bail application, becoz we will not b knowing whn the accused will recall his case!
if accused arrested by the police then he will apply for the bail because warrent has executed,otherwise it is discriation of the court to recall the warrent or not!
Sarvesh Kumar Sharma Advocate
(Expert) 18 April 2011
2) Is thr any application must be submitted before the court on the previous hearing, to inform the compliantant lawyer that the accused has recalled his case,,so that the complianatant lawyer can appear on that date and object the accused bail.
if accused is not following the bail conditions then file the application!
Sarvesh Kumar Sharma Advocate
(Expert) 18 April 2011
3} The Accused is a habitual offender, and thr are many cases against him in the same court. so as a complianatanat lawyer can this be a strong point for his bail to be canceled.
wht effect is going on by the habitual accused in the case ?is he thereating ?
or enforcing for compromise?
say clearly before the court!
Sarvesh Kumar Sharma Advocate
(Expert) 18 April 2011
4} OR THR IS ANY OTHER WAY I CAN CANCEL HIS BAIL. HOW CAN I GET TO KNOW WHN DID THE ACCUSED RECALLED HIS CALL FOR THE BAIL. SO I CAN OBJECT IT
the bail can cancil only the ground not to fallow the bail-conditions by the accused!
