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Non bailable warrant when Anticipatory Bail is pending.


29-May-2023 (In Criminal Law)
Police have framed My Uncle in one criminal case with section 120B. The court have issued summon and thereafter Bailable warrant and fix the hearing on 24.05.2021. After noticing the same, My Uncle applied for the Anticipatory bail which was pending before the same Judge(ADJ) and to be decided on 25.05.2021. But before deciding the said Anticipatory bail, the Judge issued NBW on 24.05.2021. Is it appropriate in Law to issue NBW when Anticipatory Bail is pending ??? I am thinking of going to Delhi High Court ..
Answers (3)

Answer #1
848 votes
If NBW is issued against your uncle by the court then you can file a revision against the said order and challenge the same in the ASJ court you have also not mention what are the offences in which the FII are has been lodged against your uncle please describe your grievance in detail so that I can give you proper legal remedy thank you

Answer #2
784 votes
Yes, because there is no such order for Anticipatory Bail first of all. Your lawyer should have pressed for the Anticipatory Application oh 24.5.2021 only before the Court and generally the Court takes into consideration such applications before hand. But since it was not adjudicated the Court was right in issuing NBW.
Answer #3
615 votes
yes you should
highly improper.
your Identity and pretence is there . therefore the ld judge had every occasion to get your identity very died and matched and could issue a summon only If your presence is not marked .

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