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What to do when non bailable warrant is issued to acussed


21-Dec-2023 (In Criminal Law)
What to do when nbw is issued to acussed who is out on bail and how many ep could be filed
Answers (7)

Answer #1
874 votes
You have to file an application to Recall NBW issued against you.
Twice the court allow your exemption application but you have to appear on the 3rd hearing or otherwise your bail will be cancelled.
If you have medical certificate as to long standing diseases and non curable diseases you can file an application for permanent exemption application till the disposal which is at the discretion of court

Regards from
Ravindra Advocate
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As long as the NBW is not executed, there is no time limit on its validity. The NBW can remain in effect until the arrest of the person or until a court orders its retraction.

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It is necessary to apply for the cancellation of a warrant that cannot be bailed out under Section 138 (Negotiable Instruments Act, 1881). 11-May-2023

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If a NBW has been issued against you, leave your home immediately. You can be arrested or even put in judicial custody if you dont get bail. Then, through an attorney, apply for anticipatory bond with the court. Do not hesitate to hire a lawyer who will represent you at court.

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Answer #2
618 votes
Here , accused address is correct and everything is OK, then why you are filing EP many times, one time is enough, again and again is filing not necessary. Here proper warrant execution is not done. Consult more.

Answer #3
848 votes
You need to attend the court and apply for the NBw recall. There is no rules as to how many ep can be filed. You should be present during HBC/PLEA, 313 statement etc. If you have genuine reason for not attending the court, you can ask your lawyer to file for ep.
Answer #4
804 votes
First and foremost is to see the FIR and nature of the offence primarily .If the Accused has already accrued a Bail the NBW has to be recalled under section 70(2) of Cr.P.C for the same.
EP can't be filed .....contact Advocate to rescue the same .
Answer #5
619 votes
There is no limitation to file EP but whenever Accused required like for Charge and Evidence he should be present in court and that is discretion of court allow or reject the EP filed by accused coinsel, If NBW is issued you should file an animation for recalling NBW.
Answer #6
374 votes
When a non-bailable warrant (NBW) is issued against an accused, it's a serious legal matter that requires prompt action. Here's what to do if an NBW is issued:
  1. Contact a Lawyer: Immediately seek legal counsel. An experienced criminal defense attorney can provide guidance on the best course of action.
  2. Understand the Offense: Discuss the reasons for the NBW with your lawyer. Understanding the specific allegations against you is crucial.
  3. Appear in Court: You must appear in court on the specified date mentioned in the NBW. Failure to appear can lead to further legal consequences.
  4. Surrender to Authorities: If you were not aware of the NBW or were not served a notice, your lawyer can help you surrender to the authorities. This can demonstrate your cooperation with the legal process.
  5. Bail Application: Your lawyer can file a bail application to seek your release from custody. The court will decide whether to grant bail based on the nature of the offense and other relevant factors.
  6. Collect Necessary Documents: Gather any documents or evidence that can support your case and defense. Your lawyer will advise you on what is needed.
  7. Comply with Court Orders: After securing bail, ensure that you comply with all court orders and attend all hearings as required.
  8. Resolve the Case: Work with your lawyer to build a strong defense and resolve the case in the best possible manner, whether through negotiation, trial, or other legal means.
  9. Follow Legal Advice: Follow the legal advice provided by your lawyer throughout the legal process.
  10. Maintain Communication: Keep open lines of communication with your lawyer and stay informed about the progress of your case.
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Answer #7
164 votes
A non-bailable arrest warrant prevents the accused from being released on bail. They are instead arrested and kept in custody until they appear in court or until further instructions from the court.
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