You are missing the point, u are suppose to process for execution of NBW on or before 30/6/14, failing which the case will deferred or adjourned., in the process the trial will get delayed. so try to get it executed on 30/6/14. If no NBW process is done the magistrate will have a different view.
Today we have filed NBW by changing our lawyer ,and now next what will happen on 30/6/2014 ? as the accused gave attendence on previous date 3rd June 2014 and the NBW issued by the previous Judge on 3rd April 2014.
If the lawyer on behalf of Accused file recall petition on 30th June to save the accused ,will it get considered by Judge? Since 153A IPC is nonbailable offence and still there is threat from the accused. What must be done to get the accused sent to judicial custody?
One thing i could not understand is, when NBW is pending ,how can the accused show his presence in the court,without recalling it and how come your counsel allowed for this, He should have detained in the court room as arrest warrant is pending. Really i do not understand this case at all. Case which should have tried by state is being tried by a individual, and when NBW is pending accused roaming free in the same court room.
Please note one important correction and sorry for making confusion . Today we came to know that the accused already made recall petition by taking advantage of our previous lawyer who delayed in filing NBW on the same day NBW issued(i.e) 3rd April 2014,So today we are informed by the bench clerk that recall petition already made and we cannot file NBW now.
We have also changed our lawyer and the next appearance date is 30/6/2014.Now is there any way for us to make strong objection to cancel the accused recall petition and re-execute the NBW ?as the accused again threatened the complainant recently for 2 times and we have given police complaint also but no action has been taken by the police .Please help.Your help is highly appreciated.
You can protest and object his bail petition, but the ultimate decision lies with the magistrate. He has to take a call, most probably he(accused) would get away with it. I advice you to move high court and get proper direction to get state involved in this, so that the case can reach its logical conclusion. With this i am squaring off, further no queries will be attended in this regard.
It is surprising that although the order for execution of warrant of arrest was in force even then the accused persons were roaming in the court premises. The position of law in this connection is that sub-section(2) 0f sec.70 Cr.PC lays down that even where a returnable date or date for appearance is fixed by the court on the warrant, it remains in force and can be executed even after the expiry of that date (Ref. Shaik Yousuf vs. State of A.P., 2001 ALT Cri., 270 A.P.) provided it has not yet been cancelled. When the law has not fixed any period limiting the duration of a warrant, it remains valid untill it is executed or cancelled, and rescuing or escape of the accused from custody on arrest in execution of such warrant is punishable, even though the direction for bail may have lapsed. Prayer of the accused for recalling execution of warrant of arrest viz., cognizance for examination of complainant and his witnesses is not a valid prayer in the eye of law and also such prayer is not a cogent ground according to sec.70 Cr.PC. EVEN IF THE WARRANT IS RECALLED THE COURT HAS TO ISSUE SUMMON UPON THE ACCUSED FOR APPEARANCE IN THE COURT.
It appears from your statement that your previous lawyer failed to take steps for execution of NBW immediately when it was ordered. Taking the advantage the Opposite counsel filed the recall of NBW immediately and got the pending warrant recalled/cancelled. Now since the case has come main track, concentrate on trial/prosecution of the case. If the accused is still indulging in the same tactics (threatening and intimidating) you may either retaliate or make a representation in the open court about the attitude of the accused outside court in connection with the pending case. This will create some fear in the mind of the accused and he will restrict himself. Next time when you are posting a query, kindly make sure that you are furnishing proper information so that you will get proper and correct opinion/advise.