Nbw during criminal trial

1. yes

2.yes

3. I think warrant should be recalled on the ground of accused's training program.

The court normally dont issue NBW at first time non appearence it should have issued atmost a bailable warrant instead. The court would recall its orders normally but depends if there has been such defaults before this also by the accused.

Whether exemption application was filed or not to dispense the accused presence?

Police may arrest the accused.

Accused presence is necessary to present before the court at the time recalling of warrant.

Accused has been regular and this is the first instance of absentism. Moreover an application for exemption was also moved by the proxy council on behalf of the accused.

Don't your learned members feel its too much harsh and irrational order?

//peace

/Saurabh..V

respected jurit what does recalling of warrant means & exemption application as per the Crpc, 1973.

1. Police can arrest but have to produce before the court which ordered issue of NBW

2. It is normally insisted. It is not a rule of law but rule of prudence.

3. Warrant will be recalled on convincing the court regarding bonafide reason of absence.

accused hv to appear and surrendered himself before the trial court and hv to move an application u/s 70(2) crpc for recalling of nbw.if the court find that the accused hv sufficent reason of his absence then the court can recall its own order and can restore his previous bail also

Thanks learned members for your prompt response!

The accused has given relief by the trial court. His NBW has been cancelled and bond surety restored.

However I failed to understand that when there is a procedure to "issue" the NBW then why there is no procedure to immediately STOP the police from doing any harm to the reputation of the accused. As the NBW has been cancelled after one week of delay, the NBW were already released by the Ahelmad. Now when the police would receive such orders it would reach accused's home to arrest. But as accused has already been abel to take certified copy so police cannot do anything against him. Finally it is the reputation of the accused which would be put to danger and jeopardy by such visit of police.

I think this is the basic difference between cancellation and recall. Cancellation only cancels the order but does not issue recall whereas in recall the police is ordered to stop the execution of earlier passed orders.

Pls clarify!

//peace

/Saurabh..V

Now fresh guidelines have been issued by SC in such matters which I have posted no of times on this site.

With due respect to our judiciary, I must say that the lower courts judges are very high handed with respect to accused.  They forget that, till the time accused gets convicetd he is as good as innocent. Infact I am quite surprised that lower courts judges are not aware of certain crucial judgements by honorable Supreme Court. It is no longer lawful to issue NBW mechanically, but still they do it. Who can complain ?  

File instant revision for such issue of NBW.

THE ACCUSED HS DONE EXACTLY WHAT THE COMPLAINANT WANTED.

@Sudhir

You are right. Accused is bound to suffer the agony of a false, malicious and concocted case. This is the truth of our Indian Judiciary.

The books taught in law schools across the country reads the fundamental principle of criminal jurisprudence as:

"Innocent untill proven guilty"

However, in reality, our justice system works as:

"Guilty untill proven innocent"

//peace

/Saurabh..V