udayjan29 (software engg) 15 December 2009

infomation for warrant quashing

Dear All

One of my friend's in laws family has been trapped in disporportionate asset case and warrant has been issued against everyone including my freinds wife.. now they had filed for bail in lower court which have been rejected and as per the lawyer such cases always get's rejected in lower court and get's bail in high court.. is ther ny such norm . now say suppse in worst case if the plea gets rejected in high court also ,, then can they still file warrant quashing. I heard this term in net which is abt stay or warrrant .. and if yes where they have to file .. if both r possible which way shud we go warrant quashing or anticipatory bail ..

Any help will be highly appreciated

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2 Replies

Gundlapallis (Advocate) 15 December 2009

Seeking bail is a right but not obtaining it. If lower court rejected the bail application you can move the same in higher court. If you have good defence primafacie in your favour you can pray for stay of warrant subject to the terms that may be imposed by the court. This stay of warrant gives you time and oppurtunity to establish your defence and scope for a bail.

Devajyoti Barman (Advocate) 15 December 2009

You could go either for anticipatory bail or quashing. However if the chargesheet has not been submitted then it is advisable to nwait till submission of chargesheet.