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Anant (Propreitor)     16 March 2011

bailable warrant

What is a bailable warrant?

What is the procedure to get bail?



Learning

 10 Replies

prashant pundhir (Criminal Lawyer)     16 March 2011

Bailable warrants means if you appear before the court on the mentioned date, the court will recall his order and cancel the warrants and will not take you in custody . In case you do not appear on the date, thee bailaable warrans will converted in to non-bailable and in that case you may be arrasted by the police or the court will take you in to legal custody .

prashant pundhir (Criminal Lawyer)     16 March 2011

In the case of bailable warrants, no need for bail . Just appear before the court and simply give an apllication that the bailable warrants have been issued and applicant is appear .it is to be prayed to recall the order dated.......... and cancel the B.W .

Philip (CEO)     19 March 2011

There was a person who came to our place with an arrest warrant issued in my mother's name which said bailable amount of Rs20,000.The schedule date of hearing is 04/apr/2011.Since the day the notice of cheque bouncing was issued we never have gone to the court because we always wanted to pay the money back to the lender, but never was able to do so, due to lack of funds.

We have sorted the matter verbally with the person concerned but the problem is that we owed him only Rs85000, and he's filed a case of Rs2 Lac. as that's the amount mentioned on the cheque.

The problem is we dont wont to get in legal tangles so, kindly advice once we pay him cash or demand draft and take his signature/acceptance on plain sheet that Rs85000 is full & final amount and we are not liable to pay him anything else, would be enough for the court to cancel arrest warrant & dismiss the case? 

His lawyer wants us to pay his client in cash and after this he would move an application in court that the agreement has been reached so, kindly dismiss the case.Kindly advice what guarantee it is, that he would not demand the balance amount as, the cheque was for Rs2 lac?

Kindly remember that the party concerned is happy to accept Rs 85,000.

Kindly advice?

 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     19 March 2011

He has to appear in the court and withdraw the case.

Philip (CEO)     19 March 2011

TY for your reply.

Well! there is another jist to the case now the person who's filed the case has increased his demand from Rs85,000 to 1,10,000 which I believe is only brainwashed by his lawyer.

Kindly be advised that we owe only Rs85000 and my mother gave a blank cheque without date in the understanding that this wont backfire.His lawyer asked him to claim Rs2 lac. which is definately not my mother's handwriting, kindly advice what could be done?

and lastly from legal perspective if, we do accept in court that yes,we owe him money which is Rs85,000 not 2lac. as mentioned on cheque but would pay him only in instalment of Rs500 or Rs 1000 per month due to financial status or limited source of income, would stand anywhere!Iam trying to use this as a tactic to buckle his lawyer.

Kindly advice?

Thanks

Philip (CEO)     19 March 2011

And to fight a case do we have to get a lawyer?Is it not possible to represent my mother in court?Do I need to bail and show amont or asset worth 2lac.to get a bail.And if, I dont have that amount how can I fight?

Kindly advice

prashant pundhir (Criminal Lawyer)     19 March 2011

If you are not ont on bail, then appear before the the court and get the bail first .

Need not to worry,you will get bail on the same day from the magistrate court .

After that follow the procedeure as told in pm .

Vijay Mehta (edd)     22 April 2016

What is the meaning of BW 5000. Court issued Bailable warrant BW 5000 against me. Please help and shre ur phone number

Rajiv   10 February 2021

What is the meaning of BW 10,000. Court issued Bailable warrant BW 10,000 against me.

Read more at: https://www.lawyersclubindia.com/forum/bailable-warrant-33617.asp

175B083 Mahesh P S   11 February 2021

Hello,

BW 10,000 means bail is set for ₹10,000. You can obtain bail by remitting the amount.

The judge announces an amount to be paid by the accused when he appears in court. The provision of the setting of the amount is in order to ensure that the suspect appears in court at the time scheduled. In many jurisdictions, there is a provision of the bail schedule which provides for a predetermined amount for different criminal acts. To give you an example, assume, the bail amount set for robbery is Rs. 1000 whereas the bail amount set for an act of manslaughter is Rs. 10000. The initial amount set can be reset or altered, that is it can be increased or decreased in conformance with the circumstances. It is done because the initial amount is set in accordance with the first appearance of the convict in jail.

The factors that impact the setting of the bail amount are-

  • The gravity of the crime;
  • Accused previous criminal records;
  • Employment status of the accused;
  • The accused bond with his relatives;
  • His roots in the community.

source: ipleaders

Thank you 


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