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alok kumar   23 May 2017

Legal advice of N.B.W. under ipc 323 & 504......

Dear sir ; a man are case filed on me and my 3 other family members in 2015 under sections 323 & 504 .i and one peson are taken regular bail but another 2 persons are taken not bail. approx 10 months we are not present in court due to some family reasons due to this court are issued "N.B.W." at 20/4/2017. Now i want bail of all family members what i do? please guide me because we scared. i meet some lawyers some are said that we all are surrender and then take bail but in this case due to n.b.w. we all are arrested and we want that any procedure so that we do not go jail and we get bail. please help me immediately. Thank you. my email id is cealokkumar@gmail.com



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 6 Replies

Sachin (N.A)     23 May 2017

Originally posted by : alok kumar
Dear sir ;
a man are case filed on me and my 3 other family members in 2015 under sections 323 & 504 .i and one peson are taken regular bail but another 2 persons are taken not bail. approx 10 months we are not present in court due to some family reasons due to this court are issued "N.B.W." at 20/4/2017. Now i want bail of all family members what i do? please guide me because we scared. i meet some lawyers some are said that we all are surrender and then take bail but in this case due to n.b.w. we all are arrested and we want that any procedure so that we do not go jail and we get bail. please help me immediately.
Thank you.
my email id is cealokkumar@gmail.com

 

First file an application before the learned Magistrate under Section 70(2) of Cr.P.C., requesting the learned Magistrate to recall the Non-Bailable Warrant stating the reason that why you was not able to appear before the court. 

File the application ASAP

raj chauhan   23 May 2017

Sec 70 will cover only 2 bail out accused other non bail out have to apply regular bail by surrendering engaged a lawyer!

Ms.Usha Kapoor (CEO)     24 May 2017

Yes! our remedy looies under section 70(2) you mke anapplication to the Magistrate to recALL THE nbw WITH REASONS AS TO WHY YOU    WERE NOT ABLE TO APPEAR IN ALL THESE MONTHS BEFORE THE MAGISTRATE.

Ms.Usha Kapoor (CEO)     24 May 2017

Yes! our remedy looies under section 70(2) you mke anapplication to the Magistrate to recALL THE nbw WITH REASONS AS TO WHY YOU    WERE NOT ABLE TO APPEAR IN ALL THESE MONTHS BEFORE THE MAGISTRATE.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 May 2017

Courts can entertain petitions to recall non-bailable arrest warrants (NBWs) without insisting on the presence of people against whom they had been issued, but it does not mean the practice should be followed invariably in all cases irrespective of the conduct of the person concerned, the Madras High Court Bench here has said.

alok kumar   24 May 2017

Dear sir ; After this case I also a case filed of dowery matter (498A,327,etc.) against him in 2015 and this case is hearing in other district court also.This case is a false case against me. Sir if we are surrender in court (in nbw case) then we all are arrested or not. During application we must all are present in court or not. In this case can I apply anticipatory bail and I get anticipatory bail.please guide me . Thank Youn

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