Madhu Mittal (Director) 27 February 2016

Bailable warrant even though bail granted, what offence ?

A case u/s 138 was lodged, summon was issued. After summon, the accused got bail. In spite of bail after summon, the bailable warrant was issued and executed. On the date of hearing, this was brought to the notice of the court, by the advocate of accused, and now the Advocate of accused insisted that this should be taken on record. What are the consequences of this, taking on record, on the court i.e. on Presiding Officer and on the complainant for submitting the bailable warrant even after bail or what type of offence has occurred?

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SOLOMON.RAJ (advocate/director) 30 April 2016

Mr. Madhu Mittal,

The bail which you sought was granted and later a warrant might have been issued as the accused might have not been present in one of those hearings. Please note that in criminal cases th personal presence of the accused is very important.

In case of the accused is not going to be present then your lawyer should file a petition under section 317 of the CRPC seeking exemption on that particular day , so in your case both the above might have not happened hence the warrant issued. please check the court records.

SOLOMON RAJ.

Solomon Raj

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