Bail against warrant

Querist : Anonymous (Querist) 22 October 2013 This query is : Resolved
Watrant has been issued against one of relative on n.i. act 138. Now is it possible to take bail by representative or lawyer or its mandatory to be physically present in the court ?

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H. S. Thukral (Expert) 22 October 2013
Your relative has to be present in the court to seek bail.

Querist : Anonymous (Querist) 22 October 2013
She is under medical treatment. Is there any other option ?

Advocate M.Bhadra (Expert) 22 October 2013
Your relative can try by filing a Petition u/sec.205 or 317 Cr.P.C.through a lawyer by executing a Vakalatnama along with medical documents and identity proof, failing which she have to present in the court.It is discretionary power of court.

Bombay High Court
Bhaskar Sen vs State Of Maharashtra And Ors. on 1 September, 2004
Equivalent citations: 2005 (1) ALD Cri 11, III (2007) BC 104, 2004 (4) MhLj 1115
Author: D Bhosale
Bench: D Bhosale
JUDGMENT

D.B. Bhosale, J.

Sections 205 and 317 of the Code give wide powers to the Courts for dispensing with the personal attendance of the accused at every stage of the case. The Apex Court in Bhaskar Industries Ltd (supra) while dealing with Section 205, has observed that in appropriate cases the Magistrate can allow an accused to make even the first appearance through a counsel. The Magistrate is empowered to record a plea of the accused even when his counsel makes such plea on behalf of the accused in a case where personal appearance of the accused is dispensed with. It would be useful to quote Section 205 of the Code.

Thus, in appropriate cases the Magistrate can allow an accused to make even the first appearance through a counsel. The Magistrate is empowered to record the plea of the accused even when his counsel makes such plea on behalf of the accused in a case where the personal appearance of the accused is dispensed with. Section 317 of the Code has to be viewed in the above perspective as it empowers the court to dispense with the personal attendance of the accused (provided he is represented by a counsel in that case) even for proceeding with the further steps in the case. However, one precaution which the Court should take in such a situation is that the said benefit; need be granted only to an accused who gives an undertaking to the satisfaction of the Court that he would not dispute his identity as the particular accused in the case, and that a counsel on his behalf would be present in Court and that he has no objection in taking evidence in his absence. This precaution is necessary for the further progress of the proceedings including examination of the witnesses.

Rajendra K Goyal (Expert) 22 October 2013
Well advised, nothing more to add.

V R SHROFF (Expert) 22 October 2013
Well advised, nothing more to add.
Magistrate will insist on presence of accused personally. He will cancel warrant, and grant bail.

Querist : Anonymous (Querist) 22 October 2013
Spoken to the party who filed complain, and they are agree to withdraw the case. What is to be done by us ? Does she needs to be present during withdrawal ? Plz let us know the closing procedure.