HOW TO HANDLE THE SITUATION
Arvind Singh Chauhan
(Querist) 05 December 2010
This query is : Resolved
Respected,
Seniors, please guide me how to tackle the situation. One of my client is facing the trial u/s 406,120B,409 IPC due to political rivalry. The case is at the stage for appearance of accused. No summon is served to the accused but bailable warrant has been issued against accused. Mean while the withdrawal permission has been granted by govt. And on next date perhaps A P O shall file application for withdrawal, and disposal of this application will take time.
The problem is due to non bailable offence it is apprehended that if accused appears before court he has to move bail application and due to non bailable offence, bail may be rejected, an unnecessarily he would has to go behind the bar.
Devajyoti Barman
(Expert) 05 December 2010
But if the state is indeed contemplating to withdraw the proceeding then at the time of filing and moving the bail petition the PP representing the state can vouch for such submission and support the petitioner for bail.
Arun Kumar Bhagat
(Expert) 05 December 2010
Take the help of Public Prosecutor, Get his no objection for bail.
SANJAY GUPTA
(Expert) 06 December 2010
Simply file an bail application to court statiting facts that no summons had been served upon the accused person though it is non bailable warrant court will considred the matter. best of luck
Sri Vijayan.A
(Expert) 06 December 2010
File Bail petition wherein state all teh facts.
Get the help of PP as it is fit case for bail
Arun Kumar Bhagat
(Expert) 12 December 2010
For bailable warrant anticipatory is not granted.
