Dear Querist
If the matter is fixed for hearing before submit the charge sheet then the court may issue nbw otherwise not.
In U.P. and haryana there is a practice for hearing for appearance of the accused till submission of charge sheet.
NBW
Dear Sir, CJM can issue NBW against an accused if he is not attending dates. Can CJM issue NBW against an accused if he is on regular bail and chargesheet not yet filed. As per my knowledge,trial can commence only after filing chargesheet.Hence NBW can be issued only after filing of chargesheet if accused is on regular bail. Kindly correct me if iam wrong in this regard.
Asked 9 years ago in Criminal Law
Religion: Hindu
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6 Answers
If the accused is enlarged on bail, his presence need not be insisted by the court until chargesheet filed before it, alternately the advocate of accused can file petition to condone the absence on behalf of the accused on such hearing dates.
The matter has been decided by Karnataka High court on a similar case very recently stating the representation of the lawyer of accused would be sufficient and the present of accused need not be insisted until a charge sheet is filed.
1. Yes, CJM can very well issue w/a in such situations.
2. Submission of CS or previous bail is no blanket guarantee that the accused would not attend the case in future.
3. Yeah, If CS isn't submitted then no warrant can be issued.
Challenge the order of warrant in revisional application.
1. Yes why not. Even a magistrate lower in hierarchy to CJM can also issue a NBW if the accused does not present himself in the court.
2. However, unless the trial starts the NBW cannot be issued for failure to attend the court. The question of issue of a NBW would arise only after the chargesheet is filed.
If an accused is wrongly convicted under section 376(2)(g), what would be the immediate remedy in such case. We have filed appeal in allahabad high court, but no hearing in matter after 4 months due to pendency of cases. Accused languishing in jail . He was not named in FIR neither police conducted TIP proceedings. Victim did not supported case during trial, even though he was convicted along with other accused. need immediate relief.
Asked 9 years ago
1. The remedy is to do what you have done-file an appeal in the High Court.
2. Allahabad HC has the highest pendency of cases among all HCs in the country, hence the delay. Your lawyer can request the Chief Justice to place your matter on board for regular hearing.
3. Since the accused is still in jail as the case has not been taken up so far by the HC he should move the SC.
Since you have already preferred a appeal before the high court, you may have to wait for the outcome, in the mean time you could have filed a bail application to enlarge him on bail and suspend the sentence until then.
If the accused is aggrieved by the judgement, he should vent out his grievances as well as plead the error in judgment accordingly.
Engage a skilled advocate in high court instead of depending on some lethargic people.