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suresh namdev rachalwar   05 December 2018

MM COURT KOLKATTA E/R WARRANT ISSUED AGAINST ACCUSED WHICH TYPE OF WARRANT IN 138 NIGOTIABLE INSTRUMENTS ACT,?
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suresh namdev rachalwar   05 December 2018

How to cancellation of e/r warrant at kolkatta court.

Anusha Singh   22 October 2021

As per your query it is understood that you need information regarding the E/R warrant and the bail application.

E/R warrant means that you have not appeared in court and warrant has been issued against you. You can get bail if you appear through local Lawyer.

Bail application is filed before the court under Form 45 in the 2nd schedule for the release of a person in custody. The bail is filed by the advocate on behalf of the accused. The accused has to furnish bond and sureties before the court then he is released on the bail.

The bail application is filed by the advocates on behalf of the accused of the provisional release of the accused. The arrest is made in criminal cases to ensure that the accused must be present before the court during the process of trial. But, if the accused agreed to be present in the court, without going into jail. Then, in that case, it is unfair to restrict his personal liberty, so the provision of bail is included in the provisional laws. The accused may be charged with bailable and non-bailable offences, but they can be granted bail. The accused has to follow the necessary condition laid down in his bail application. If the accused jumps any of the bail conditions, then the police have the power to arrest the accused.

As the offence committed under Section 138 of Negotiable Instrument Act is bailable offence. 

Section 436 of the Code of Criminal Procedure provides for the bail of a person alleged of committing a crime which is bailable in nature. The bail is the right of the person this section further casts an obligatory duty on the police or the court to grant bail to the person alleged of committing crime bailable in nature. This section further clears that whenever a person who is alleged of committing a crime which is bailable in nature makes an application before the court or the police office then the court or the police official has to allow the bail. It is also the duty of the police officer to release the person on his personal bond, in spite of the order of surety, he fails to produce the surety within 7 days.

In Maulana Mohammad Amir Rishadi vs. State of U.P and Anr., the supreme court held that merely on the basis of criminal antecedents bail cannot be denied. In Sumit vs. State of U.P, the court held that even if there are other criminal cases pending the accused can be granted bail. In Chandraswami and other vs. CBI, it was held that the accused may leave the country after seeking permission of the court, but the reason given by the accused was to propagate Hindu religion found to be unsatisfactory, hence the permission was not granted. In Arnesh Kumar vs. State of Bihar and Anr., it was held that the Police officer need not arrest accused unnecessarily and the magistrate did not order detention casually and mechanically. The checklist under Section 41 must be provided to the police and should be furnished and filled by the accused. The police officer shall furnish the same before the magistrate for authorizing the detention.

Hope it helps!

 

Regards,

Anusha Singh

Mohammed Tamboli   14 June 2022

I am in Pune Maharashtra and the case is  filed in kolkata. How can you help me 


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