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RAVI........ (NA)     14 September 2016

Non bailable warrant

kindly help me in this issue.. Query : There was a nb warrant issued by Azamgarh UP family court in sec 125 maintenance case for arrest and produce the person (appellent) from kolkata. Can we apply for bail plea in kolkata high court as the lower courts had denied to grant any bail even though the appellent is ready to pay all maintenance due immediately. Is this possible to appeal for bail at kolkata high court against the nbw of UP family court where the appellent is ready to pay all demand? Please help me in this issue. thank you



Learning

 4 Replies

adv.bharat @ PUNE (Lawyer)     14 September 2016

Rahul ji if u paid the maintenance amount in time then ther is no isue of warrant for arrest.

Pay the amount and get bail from the court.

If u like my suggesation then give THANK on my profile.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     14 September 2016

Contact a local advocate at Calcutta , he will get you stay of NBW warrrant at lower courrt it self on no of issues such as the warrant is in Hindi or not with the copy of the application  or it does not give specific details of accused who is to be arrested such as full name , age  etc etc.

 

 

I have seen that Calcutta advocates are very brilliant ,, you must locate the proper person He will get you stay of warrant from a JMFC court even on his personal surity. Not all are so expert so take efforts it will be worth since after  stay unless the NBW  is reissued you will not be arrested. Meawhile you can pay the dues.

 

 

Mean while get the copy of the NBW from issuing court and apply for its cancellation through advocate at that court with deposit of due money, if rejected you can go for revision at Session court there and if not entertained at respective HC in UP.

 

But you can get relief from arrest at lower court in calcutta, contact the advocate who knows the procedure.

sai narayana   14 September 2016

Dear experts,

In the above scenario, if we surrender ourself in court and seek some time for clearing those dues judge will consider it instead of roaming all other courts.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     14 September 2016

You should have done it earlier no  such relief from same court now  because other side will oppose so  you will be sent to jail for one month.If you have a bold advocate and you can take risk file an appliction u/s 127 that money granted is unreasonable and pending its decison cancell or supend the NBW. Go in revision if not allowed.


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