Legal Question in Criminal Law in India

My friend jumped police bail for offence under Sec 334 IPC and has left the city since he had some urgent work. Can police come to his new residence and arrest him? He has told the police verbally that he had to jump bail since he had some urgent work and would be back later. Will he be kept in jail for a few years till his case comes up for hearing or will he just forfeit the bail amount and apply for new bail ? Actually he had apologized earlier for insulting his relatives and wants the case against him quashed.


Asked on 10/27/22, 5:26 am

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

At the outset I must inform you that Section 334 IPC is a bailable offence. If he has jumped bail the court may have issued either a bailable warrant (usually on the 1st occasion) or a non bailable warrant. In the former case your friend is safe as the warrants will get cancelled for sure. However in case of latter the cancellation of the warrants is the discretion of the court. The counsel may attempt to get the NBW cancelled, but if the application is dismissed then your friend has to surrender. If your friend does not surrender or conceals himself ( or as he has shifted from his previous residence to a new residence) from the police or the police is unable to trace him, the court may issue process u/s 82 and 83 of the Cr.PC and then publish the proclamation and thereafter issue orders for attachment of his property. However meanwhile your friend should engage a lawyer and apply for cancellation of NBW u/s 482 Cr.PC of the High Court having jurisdiction in your area.

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Answered on 10/31/22, 12:21 am


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