Legal Question in Criminal Law in India

Re: cancellation of non bailable warrant

The accused has to now apply for recall of the non-bailable warrant (NBW) before the Court which has issued the NBW. Simultaneously, he can also apply for fresh bail (since the bail already granted stands cancelled in view of non compliance of the bail conditions of non-appearance which make the Court to issue NBW) before the same Court which may be considered by the Court if satisfied to recall the NBW

Re: cancellation of non bailable warrant

Since you have already been granted bail by court, and the court had issued NBWs against the accused on account of non appearance in court on date, you should file an application before the concerned court seeking recalling of NBWs orders by stating reasons for your non appearance on the relevant date. You should mention such a reason, whereby it was beyond your control to put in your appearance in court on the date. By moving such application, you can seek cancellation of the orders of the issuance of the warrants. Your previous conduct of appearance in the case will also have an impact on the orders to be passed on the application. For further clarifications, you may contact me on 9811062868, 9868268302 or mail me on [email protected]. D.M. Bhalla, Advocate.

Re: cancellation of non bailable warrant

A Non-Bailable warrant issued against an Accused can be cancelled at any time before it is executed. However, Court may demand suitable surety and impose such other and further conditions as it may deem fit.

Re: cancellation of non bailable warrant

Cancellation of non bailable warrant - U/S 70 (2) of CrPC every such warrant shall remains in force until it is cancelled by the court which issued it, or until it is executed - so therefore Non bailable warrant be cancelled now by filing a petition for Cancellation of non bailable warrant in the court stating valuable and genuine reason for non appearance before the court.

If it is executed - Apply for a fresh bail in the court.

Re: cancellation of non bailable warrant

Cancellation of Non-Bailable Warrant of Arrest (NBW)depends on the fact of each case. The main concern is the conduct of appearance in the past before the trial court. For the purpose of Cancellation of NBW, one has to move an application for that purpose explaining the reason of his/her absence on the day when NBW were issued. The court would always ask for the presence of the accused at the time of disposal of such application until an order passed by Delhi High Court in a Case u/s 138 Negotiable Instrument Act where the court held that the presence of the accused at the time of disposal of application is not necessary. The opinion can further be elaborated if you give the facts of your case, especially the offence involved and the number of absence in the past.

Arya