Bailable warrant in defamation.

Kavindra (Querist) 24 May 2014 This query is : Resolved
Kejriwal was served summons but did not appear in court. Then he was issued a Bailable Warrant on which he appeared but refused to take bail which was easily available under CrPC 436. Left with no alternative, the court had to send him in judicial custody. Now Arvind Kejriwal blames Modi and Gadkari for jailing him. Is he justified to do so? Isn't he himself responsible for his jailing? Comments please.

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ajay sethi (Expert) 24 May 2014
no he is not justified in blaming other political leaders . law is equal for all . no exceptions can be made . for your information kejriwal appeared in court and was asked to give a personal bond which he refuses

Sudhir Kumar, Advocate (Expert) 24 May 2014
making mockery of law

Kavindra (Querist) 24 May 2014
yes sir kejriwal appeared in court only after a b.w. was issued against him. Had he appeared responding to plain summon, the warrant wouldn't be issued. this is what i think.

Devajyoti Barman (Expert) 24 May 2014
unfit query..post in Forum for discussion.

DEFENSE ADVOCATE.-firmaction@g (Expert) 24 May 2014
Kejriwal has raised an issue but it could not be properly coordinated and explained hence getting bad publicity.

He was fined FIVE THOUSAND on first non appearance when he was in election at Varanasi., with warning to appear next time but no warrant was issued.

Defamation is summons case so only personal bond is needed but not essential. Since there is no provision in law that bond has to be taken in all cases.

That is why in even multi million cheque cheque bounce cases which are also summons criminal cases only personal bond is taken on first appearance of accused.

Bail has to be taken when the accused is brought in custody of police. This bail provision is mis utilised all over country for summons cases also.

The team of defense advocates are HI FI persons who has no knowledge or say no experience how lower courts function.PRASHANT BHUSHAN is a SUPREME COURT advocate.

They should have gone in revision on first order of fine before sessions court or even High court so this problem could have been averted.

They are doing it now but damage is done .

Guest (Expert) 24 May 2014
No comments.

This is neither your personal problem nor you are advocate from the side of Kejriwal, nor from advocate from the side of Modi?

You could better have posted your question in the forum section for discussion.