Bail Forfeited in Dog Bite Case

I have a case of dog bite registered against me in the Magistrate court of Mumbai, in 2010. I am now a resident of Pune and unable to attend court due to medical reasons and now the magistrate has forfeited by bail and a NBW has been issued against me. I had appointed a local lawyer but no good. I don't want to pay the bail again and make a appeal to the magistrate to excuse me on medical grounds (I have medical reports). Also, is it possible that I file a fresh suite in Pune to quash this complaint ?? Can you please advice.

Answers (2)

265 votes

You will need to first get NBW cancelled and thereafter apply for fresh bail. This is mandatory. Only after that you could seek exemption from appearance.

Simultaneously you could file a writ in the HC for quashing of the case if there is some merit.

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205 votes

you can file an application for permanent exemption and get the NBW cancelled without going to the Magistrate court in Mumbai. In Arunkumar N. Chaturvedi vs. The State of Maharashtra and Anr, the ratio laid down by Bombay High Court specifically mentions, accused need not be present for cancellation of NBW. For permanent exemption, you are required to attach your medical certificates with application under s.205 and s.317 Cr.P.C.

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