under sections 420,468,471

AtulSha (Querist) 18 May 2011 This query is : Resolved
Respected Sir,
I have been made as accused no.2 in a case in Ujjain (M.P.) under sections 420,468,471 under which I was imprisoned for a week and in 2008 I was grantede bail by honourable Indore High Court. Thereafter my lawyer has been attending the case in 4-5 times I have also attended the court . The chargesheet has been framed and It so happened that on 10.12.2010 my lawyer at Ujjain unfortunately forgot to file exemption petition on my behalf and again the Sessions Judge cancelled my bail and issued warrant. As my wife had an operation lfo9r Breast Cancer in Coimbatore and then in Mumbai I am not able to recall the warrants as there is no body to look after my wife for regular treatment which will conatinue till July 2011 for chemotheraphy. In this case can we recall the warrant without the presence of the accussed or any other arule ot recall without any hardship as i find there is some risk to surrender due to the influence of the local people who are the complainants.
Please help me out of this problem,
with Warm Regards
AtulSha

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Guest (Expert) 18 May 2011
YOU MAY FILE BAIL APPLICATION TO THE HIGH COURT ENCLOSING THE CERTIFIED COPY OF ORDER OF SESSIONS COURT CANCELLING THE BAIL AND ISSUING WARRANT.
YOU MAY MENTION ALL FACTS AND ENCLOSE MEDICAL CERTIFICATES AND PRAY FOR CANCELLATION OF WARRANT AND GRANT OF BAIL.YOU WILL SUCCEED.GOOD LUCK.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.WITH BEST REGARDS TO ALL.

AtulSha (Querist) 18 May 2011
Sir,
But the high court with ask to seek remedy in the trial court where there is a risk of arrest. If the trial court dismisses then only it can be moved to High court. Will not the recall without the presence of the accussed work out or any other way out sir.
with Warm Regards,
AtulSha