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Kullayappa M   22 October 2021

Good morning Sir, what is meanings of E/R WARRENT and how Bail process please clarify

Good morning Sir, what is meanings of E/R WARRENT and how Bail process please clarify


 8 Replies

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.

Please clarify about your case and the section for which you are summoned with a warrant. If it is a bailable offence then getting bail will not be difficult for you but if it is non bailable offence then you will face some complications.

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.

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

Kullayappa M   22 October 2021

Thank you Medam, my case is Negotiable Instruments act under section 138, I am taking personal loan in online in Axis Bank, I am paying regular, but for one year not paid and further one year to up to date paying regularly, I am living Anthapuram District of Andhra Pradesh, but case is filed in Kolkatta 11 metropolitan court, how it possible, please how to get bail please clarify Medam.

Anusha Singh   22 October 2021

Section 138 of Negotiable Instrument Act is a bailable offence. You can hire a local lawyer who can represent your case in the concerned Court and you can file a bail application through your advocate. 

  1. Regular bail- A regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under section 437 and 439 of CrPC.
  2. Interim bail- This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
  3. Anticipatory bail- Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non- bailable offence. 
  4. You can file the appeal for bail but still the granting of bail or rejection of bail is the discreation of the concerned Court. 

Kullayappa M   22 October 2021

I am state government employee, what's documents produced for bail, I am living Anthapuram of Andhra Pradesh state, case filled kolkatha 11 metropolitan court, where apply for bail please help Medam

Anusha Singh   22 October 2021

Bail application can be filed  before the Magistrate of the concerned Court where your case is filed i.e., in kolkata. 

Kullayappa M   22 October 2021

Thank you Medam, what documents are to be produced with bail application

Anusha Singh   22 October 2021

  1. Alongwith every bail application, the accused shall submit copies of at least two documents amongst the following:
    1. Passport
    2. Bank Passbook
    3. Credit Card with photograph
    4. Ration card
    5. Electricity bill
    6. Landline telephone bill
    7. Voter ID card issued by the Election Commission of India.
    8. Property Tax Register
  2. After submission of these two documents, the concerned police station shall conduct physical verification of the residential address so as to confirm the address appearing on these documents and place before the court, a certificate to that effect under the signature of the Station House Officer.

Kullayappa M   22 October 2021

Thank you Medam

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