procedure for bail
S.D. Singh
(Querist) 08 July 2010
This query is : Resolved
In case of charge sheet u/s 420/467/468/471 whether C.M.M. has power to grant the bail from his own office or has to move to session court. The accused were on arrest stay by the High court and after submission of charge sheet, the CMM has issued B.W. against the accused for appearance.
S. Bharath
(Expert) 08 July 2010
From the last sentence of your query, it appears that you are referring to bail procedure in view of the warrants issued by the court. If that be the case, please invoke the provision of S. 70 [2] CrPC to recall the warrant. Most courts insist on surrender of the accused as a pre-condition for taking up the petition to recall the warrant. Since the warrants are bailable warrants as you have stated, there should be no difficulties in getting them recalled.
Sachin Bhatia
(Expert) 14 July 2010
I agree with the above experts.
