need help -- arrest warrant


In a certain case, arrest warrants were issued to about 10 people by a session court. Some of them applied for stay on the case before the high court and stay was obtained. 

However, the other party has now applied before high court for vacating the stay order and has has obtained it. My question is .. will the arrest warrants again become valid or fresh warrants will have to be issued? 

 

what if all of them surrender before the court and file for bail application?

 
Reply   
 

well in your case once the stay is vacated then the court will issue new warrants for the arrest of the accused persons but before that you can go ahead and surrender before the court and file a bail petitiion


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also, the stay order has been vacated after 3 yrs. so is it absolutely necessary that the court will issue warrants or it might choose not to issue warrants this time as the case was on stay for this long .. 

 
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lawyer

court will issue fresh warrants against the accused and then file fresh bail application

 
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when a stay is vacated by the high court, the lower is court is let free to secure the presence of the accused and the lower court on the next date of hearing will issue NBW's to secure the presence of the accused what i sugges is before the next date of hearing surrender before the court and file the bail petition  

 
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last time the lower court issued bailable warrants and refused to give bail to some persons in the case unless the stay order was granted by the high court. The reason given was some of the co-accused are absconding.

 

Now it would be three yrs after the stay order, could there be any possible reason for the court to deny the bail. All the investigation should be complete by now and bail should be given easily. Am i correct? 

 
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LAWYER-ADVOCATE

YOU MAY KINDLY NOTE THAT ,

1.WARRANT ISSUED BY SESSIONS COURT.YOU GOT THE MATTER STAYED FROM HIGH COURT AND OPPOSITE PARTY APPLIED FOR VACATING THE STAY.ACCORDINGLY STAY VACATED.

2.KINDLY NOTE THAT YOU HAVE TWO OPTIONS , APPLY FOR BAIL TO SESSIONS COURT BY SURRENDERING  MENTIONING ALL FACTS. SUBMIT SURETY DOCUMENTS AND KEEP PRESENT THE SURETY PERSON IN COURT. BUT THERE IS A RISK AS COURT MAY TAKE YOU IN CUSTODY IF BAIL IS REJECTED.

3.HENCE IT IS ADVISIBLE TO APPLY FOR BAIL TO THE HIGH COUT MENTIONING ALL FACTS.AS STAY IS VACATED BY HIGH COURT IT WILL BE APPROPRIATE TO APPLY FOR BAIL TO HIGH COURT.

4.YOU HAVE NOT MENTIONED THE DETAILS OF THE F.I.R.AND I.P.C.SECTIONS APPLIED.AND ORDERS OF BAIL AND STAY AND ORDER VACATING STAY.KINDLY SEND DETAILS. WILL ADVISE IN DETAIL.

5.AS A PRECAUTION YOU HAVE TO SHIFT FROM YOUR PRESENT ADDRESS FOR ABOUT TWO WEEKS AS IN CASE OF WARRANT PENDING THE POLICE MAY ARREST. ONCE YOUR BAIL APPLICATION ./INTERIEM BAIL IS ALLOWED BY HC YOU MAY SUBMIT SURETY TO THE COURT AND RETURN HOME.

THESE ARE JUST SUGGESTIONS ,YOU KNOW THE FACTS OF THE CASE AND ACCORDINGLY TAKE QUICK DECISIONS.GOOD LUCK.
 

 
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Advocate High Court Madras.

You have to surrender before the court and apply for regular bail.


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An Opinionated Man.

On the previous occasion you were granted bail. You have provided the sureties too for that. Has the opposite party added any new sections in the charge ? Logically the action of another should never be charged on you. If the co-accused are absconding it is for the police to find them and you are certainly under no duress to bring them to court. If the sureties have not stopped backing you or become invalid, I see no reason why the court should look at you with a jaundiced eye now. State the matters clearly and ask your counsel to represent you honorably and you have no reason to worry. It is as simple as that.

 
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