Issue of NBW in NI 138 cases.

DEFENSE ADVOCATE.-firmaction@g (Querist) 04 January 2011 This query is : Resolved
I am preparing a writ petition to be presented shortly before SC regarding gray areas of NI 138 prosecution.

1) While on one hand the SC in Mehtre case dt 2.12.10 , has given direction that bail is right and jail is exception even in murder case ; but in NI 138 cases which is financial dispute given criminal procedure , the accused are being harrassed with NBW for unreasonable grounds.

2) In the act and procedure there is no provision that the accused can contest the illegality of case before trial.

So the provisions conflict with fundamental rights.

I request all concerned to assist me with their inputs and follow up action.

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Guest (Expert) 04 January 2011
SIR,
GOOD LUCK.
YOU MAY WRITE OR CALL FOR FURTHER HELP.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.WISH YOU ALL A VERY HAPPY NEW YEAR.
YOURS SINCERELY
NANDKUMAR B.SAWANT.ADVOCATE

DEFENSE ADVOCATE.-firmaction@g (Querist) 04 January 2011
Request with real cases of issue of NBW for inclusion in writ.

Khaleel Ahmed Mohammed (Expert) 04 January 2011
Dear Shashikumar,
I would like to suggest you that,instead of filing writ before Supreme Court of India, you can represent the same to Law Commission of India.

G. ARAVINTHAN (Expert) 04 January 2011
but Khaleel Sir, what will be the work if Law Commission alone work.
Better to bring the knowledge of Court is right

DEFENSE ADVOCATE.-firmaction@g (Querist) 05 January 2011
Law commission will give report to the Govt and it will remain in files.

Friends do you not find hundreds are suffering from NBW even the higher courts have repeatedly given Judgments against it.

Ajay Bansal (Expert) 05 January 2011
Every case has its own facts and circumtances.Bail can be granted in same day even in a murder case but same can be denied to a person in a bailablev case if said person is delibratly avoining proceedings of case.

Ajay Bansal (Expert) 05 January 2011
Every case has its own facts and circumstances.Bail can be granted on same day even in a murder case but same can be denied to a person in a bailable case, if said person is delibratly avoiding proceedings of court.

DEFENSE ADVOCATE.-firmaction@g (Querist) 05 January 2011
Wonderful you want a murder accused to be released on bail but not against the non bailable offense.

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