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Sanjoy Kola   14 August 2023

Bailable warrant issued against witness

My family received a notice in my name fom district magistrate court to present as witness but they forgot to inform me. Now court issued a bailable warrant against me and present before court on a date. Should I take bail before present as witness. 

Thank you


 9 Replies

T. Kalaiselvan, Advocate (Advocate)     14 August 2023

You can appear before court on the said date, file an application to recall the warrant and let in your evidence.

There's no necessity to obtain bail 

1 Like

Real Soul.... (LEGAL)     14 August 2023

No need to get bail, just appear on date or prior to date to mark your presence in the court

1 Like

Sanjoy Kola   14 August 2023

Really helpful. Thanks alot

Advocate Bhartesh goyal (advocate)     14 August 2023

You need not to to get bail, appear in court on hearing date.

1 Like

anubhav Bhatt   14 August 2023

No need for Bail you should appear before the concerned court and file Recall Application and if you want more clarification you may contact us then I'll explain properly.
Advocate Anurag Bhatt
High Court
Mobile 📱 9198889990.
1 Like

N.K.Assumi (Advocate)     14 August 2023

In addition to the aboce experts opinion, I would add the new Amendment of the provisions of Section 436A CrPc.

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2005 NO. 25 OF 2005 [23rd June, 2005.]

"436A. Maximum period for which an undertrial prisoner can be detained.- Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:

Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties:

 Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.

Explanation.-In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded.''.

Sanjana Mohanty   18 August 2023

You can attend court on the mentioned date, submit a request to revoke the warrant, and present your evidence. Bail isn't required in this case.



P. Venu (Advocate)     19 August 2023

Yes, you can attend the Court on the said day and request for recall of the warrant.

Laxmi Kant Joshi (Advocate )     20 August 2023

No need to obtain bail , on the said date appear before the concern  court  , produce an application  for recall of the warrant and give your evidence .

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