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138 ni act

(Querist) 17 February 2012 This query is : Resolved 
I am a Student. Today, when I appeared before an additional chief jmfc and moved an application for the issuance of a bailable warrant, the judge said that the case was on the stage to lead evidence and so the stage of warrant is already over and hence rejected my application of issuance of Bailable Warrant. is it justified and if yes why??
ajay sethi (Expert) 17 February 2012
why did you make application for issue of bailable warrant?

was accused absent?

Advocate Sachdev Bishnoi (Expert) 18 February 2012
if the accused was absent then the court will automaticlly send BW to accused
Vinav K Mishra (Querist) 18 February 2012
yes the accused has been absent for a long time
Advocate Sachdev Bishnoi (Expert) 19 February 2012
if the accused is absent from long time after the bail then court will automatically issue the warrants no need to give application just ask court for the warrants.
DEFENSE ADVOCATE.-firmaction@g (Expert) 19 February 2012
This procedure in not to be followed for private complaints line NI 138.

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