Regular bail

aditya vadali (Querist) 17 March 2013 This query is : Resolved
Respected Seniors,

a known person to me have booked under section 67 of Information Tech. Act and the crime was registered. The concerned Police have left him out from jail after remand for the reasons he stated to them as they got convinced with those. Today is have seen the file and it was given Court Calander (C.C) No. and the docket proceeding is the Accused is absconding and NBW is pending against him. the said matter was posted to April, 28.
now i request your good self to please help me out, whether i should take him to the court and file 70(2) Cr.P.C along with MOA or to obtain regular bail U/s. 436 Cr.P.C?
Please i hope my seniors will respond soon.

Thanking your good self,

Aditya.

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Nitish Banka (Expert) 17 March 2013
1. You need to cancel the NBW by personal appearance of the accused
2. Apply for bail.

Nadeem Qureshi (Expert) 17 March 2013
Nitesh is right

Devajyoti Barman (Expert) 17 March 2013
Apply for bail on surrender and then apply for recalling of warrant.

R.K Nanda (Expert) 17 March 2013
no more to add.

Raj Kumar Makkad (Expert) 17 March 2013
The accused needs to surrender and seek bail in the same application. He should make hi mind that the magistrate may not take his regular bail on the same day and he may be sent to judicial remand for a day or two and thereafter his application may be allowed. A fina may also be imposed.

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