70(2)crpc

B.R.MANIKANDAN (Querist) 08 August 2011 This query is : Resolved
for recalling the warrant personal appearance of accused is necessary or not ?please help me.

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venkatesh Rao (Expert) 08 August 2011
Not necessarily. But the practice is to insist the presence of accused. Warrant remains in force until it is executed or cancelled by the court which issued it.

M/s. Y-not legal services (Expert) 08 August 2011
Usually without surrender the accused court will not recall the warrent which is pending against him. But in some rare occasion court will consider your absense. If you approach the high court also, high court will direct you surrender before the concern court. And the surety on the satisfied of concern magistrate's..

Swami Sadashiva Brahmendra Sar (Expert) 09 August 2011
Not compulsory - depends on local practice.

Advocate Rajkumarlaxman (Expert) 09 August 2011
in the state of karnataka it is so that the accused must be present and the bail is sanctioned on the basis of his presence only accompanying the affidavit of the acuused stating that he will remainn present when called for.

Raj Kumar Makkad (Expert) 09 August 2011
I do agree with tom.

M/s. Y-not legal services (Expert) 10 August 2011
Thank you for supporting me senior. Dear author actually every warrant recall petition will be filed under 70 (2) crpc along with advance hearing petition and surrender petition only sir.

venkatesh Rao (Expert) 22 November 2011
There is no provision in Cr.P.C. for advance hearing petition. But any application filed on criminal side should be heard on the day.

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