NBWA Recall
Guest
(Querist) 22 April 2016
This query is : Resolved
Dear Learned Members:
The Magistrate has issued NBWA for non-appearance. I've decided to file an application u/s. 70(2) CrPC praying for recall of the NBWA.
I like to know if court recalls the NBWA order, will I have to take bail for the accused?
(Because he won't be arrested as a result of NBWA recall, so why to take bail)
Kindly advise.
Advocate Bhartesh goyal
(Expert) 23 April 2016
Yes,you have to get bail.if your application u/ s 70(2) of Cr.P.C is accepted than NBW Will be converted into BW and you have to furnish bail bonds .
Devajyoti Barman
(Expert) 23 April 2016
Production warrants are mostly recalled in matter of course unless the default is repeated.
Guest
(Querist) 23 April 2016
Thank you, Sirs.....
Guest
(Querist) 23 April 2016
Thank you, Sirs.....
SAINATH DEVALLA
(Expert) 24 April 2016
Dear Jahangir,
In addition to Adv Barman,what is the actual case and the sections involved ?
If the crime deemed to have been committed is not grave as per law, NBW's issued are normally recalled on production of surieties.
Guest
(Querist) 24 April 2016
Thank you for your concern Sainath-ji.
Ss. 323 and 506, IPC, fight among relatives.
Magistrate hastily issued NBW on default of appearance on second date itself. Accused never appeared in court as he never received any notice from court.
Along with S.70(2) CrPC, do I have to file an additional application u/S 437?
Dr J C Vashista
(Expert) 26 April 2016
Dear Mr. Jahangir,
There is some misconception in facts of the case.
You will appreciate that appearance of accused is compulsory at the time of filing of charge-sheet by IO (U/S 323/506 IPC) and the accused has to seek regular bail from trial court;
wherein the accused has not appeared in your case, the Court has powers/ only option to issue NBWs against the accused to ensure his/her appearance.
No "hasty" decision has been taken by the Magistrate.
The court shall not issue any notice to accused rather it is duty of IO to produce the accused with charge-sheet.
Warm regards
