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akshay patel (lawyer)     20 May 2010

warrent of arrest

DURING THE TRIAL OF SESSION CASE AND WARRENT OF ARREST IS ISSUED AGAINST ACCUSED WHO IS NOT ATTENDING TRIAL AND IN THAT SITUATION THE WARRENT IS EXECUTED BY POLICE AND AS PER SECTION 76 POLICE BROUGHT ACCUSE BEFORE SESSION COURT WITHIN 24 HOURS

 PLEASE TELL ME UNDER WHICH PROVISION OF CRPC  BAIL ACCUSE MAY ASK FOR BAIL WHETHER UNDER SECTION 439 OR SECTION 81 OF CRPC.?



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 5 Replies

Anmol Sharma (advocate)     20 May 2010

Dear Akshay,

 

You asked a very good question... even senior criminal lawyers are not clear about the question you asked... I also want to see the answer here...

I even will go further sometimes, A magistrate issues warrant of arrest without forfeiting the bail bonds i.e., cancelling the bail.. then what to do?


let us wait for some good answer..

Anmol.

N.K.Assumi (Advocate)     20 May 2010

Firstly, he is not a witness but an accused as such section 81 does not apply, as that section applies to witness who is arrested for refusing to appear to give evidence in the court and after his arrest he can be released under that secrtion 81 of the crPc. In your case you have clearly mentioned that the  the person is accused and he can be released under section 437 C,rPc if the Court thinks fit to released him..

N.K.Assumi (Advocate)     20 May 2010

Secondly, if he is only a witness, he can be released under section 81 CrPc.

Anil Agrawal (Retired)     26 May 2010

What happens if a person is charged u/s 109, 120B and 420 and the person evades summons/NBW?

ghansham das (self employed engineer)     27 May 2010

a WARRANT/ OR NBW   CAN BE ISSUED  TO ANY OF THE ACCUSED AFTER SUMMONS ARE  SERVICED- THERE- AFTER ;  THE ACCUSED HAVE NEVER APPEARED IN THE COURT,

 but the court grants @ delay tactics, stays proceedings?  without conducting trials, with out excecuting the Bonds, etc, with-out vakaltananma, ? a real surprised show of judiciary. 

 

 warrant OR  NBW why cant be issued ? why courts are  NOT acting .? 

a person who kills many is kept alive is the country is not great?   

Root grass level finidings are that the ministers' security doesnt  get affected,

gen public uncared?

 

 

 


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