Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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kavita (Junior Advocate)     26 December 2013

Cancellation of warrant of convicts 138 n.i appeal

Hon'ble Members,

1. Accused got convicted in N.I. 138 case.

2. They filed Appeal in the Sessions court.

3. Got sentence suspended. They are on Bail.

4. Appeal is at NOTICE stage.

5. Both the Appellants missed two court dates.

6. Sessions Court Bombay issued NBW against them.

Kindly let me know the procedure to cancel the Non Bailable Warrant in N.I. 138 case issued by Appellate court (sessions court) against convicts (Appellants).

Thank you :-)



 3 Replies

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     26 December 2013

i dont know what procedures are adopted in Bombay sessions court but normally NBW can be recalled by the same court provided the accused filed a petition with suitable excuse for his non appearance. Otherwise you have to move anticipatory bail.

kavita (Junior Advocate)     27 December 2013

Thanx Sir,

somebody told me to file BAIL application in the high court. that made me more confuse.

Nadeem Qureshi (Advocate/     27 December 2013

Dear Kavita it will be better to consult with an advocate in your area.

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