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can the NBW be cancelled in my case without reapplying for bail?


28-Jan-2023 (In Criminal Law)

An NBW has been issued by a local magistrate due to non appearance. I have been charged with section 324, 452 & 289, the complainant was bit by a dog and he falsely implicated me as being the owner. I have earlier paid a bail amount of 15,000/- to the magistrate, now they have fortified that amount and asking me to reapply for the same. My question is, can the NBW be canceled in my case without reapplying for bail ?? Please advise on how i can get the NBW cancelled without paying the bail amount again. Thank you

Answers (2)

Answer #1
968 votes
yes..

NBW can be cancelled without your appearance.

There is Bombay High Court judgement that NBW can be cancelled without reappearance of the Accused.

but, how can your Bail amount be forfeited by the Magistrate ??

Whether your Advocate had not appeared for you and asked for exemption ???

which court is handling the matter ??

Answer #2
834 votes
yes it can be cancelled without paying any amount. you need to appear before concerned court and re apply for bail. once you get bail immediately you should furnish fresh surety as per the said order. definitely your NBW will get cancelled and instead of paying cash surety you have option to furnish surety of like amount.

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