shashikantshelke (Service) 27 June 2018

10 year old 353 case

my friend had a 353 case which he got bail in 2008. but all of a sudden after nothing happened in all 10 yrs yesterday a constable came with arrest warrant and asking to attend court next morning and submit 20k rs plus Jamin requested from someone with ration card and property tax. is this possible that such old case is being trialled after 10 yrs and why do they need bail again? please advise how to get aquitted from this case.

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3 Replies

Raghav Arora 27 June 2018

Hi! Thanks for the question!

Firstly, yes it is possible. The cases may even reopen and proceed/resume after longer periods of time too if the court deems it fit. The most probable cause behind the constable with arrest warrant at your doors could be that you were unaware of the proceeds in the case by the opposite party and the court help you not present for the date, and thus warrants.

You, in that case, will have to establish a just cause for the delay and you can get the bail in the first stage if applied wisely. However, delaying any further or having the case appealed in higher court will make it very difficult. Give a just reason and your circumstances to get baila nd promise attendance further. Then fight the case as it proceeds.

If there is any other reason that comes to light, then you will have to provide more information on the same and then certain advises can be forwarded.

Good Luck!

shashikantshelke (Service) 27 June 2018

Ok thank you for your response. But he never got any intimation of any proceedings or dates from the court or any police station about it. How to fight this case to get acquited quickly? He has been charged IPC 353 and 332. Thanks.