• False case was framed on me by company partner

Respected Sir/Madam, 
False case was filed on me,my parents & brother by my company partner in 2020. Chargesheet was submitted in 2021. Since we had recieved summons on 29th December 2022 & the date of hearing was next day only. I had a talk with lawyer for vakalath but he couldn go to court then Court issued BAILABLE WARRANT of 10000 rs each as we are in anticipatory bail already and next date of hearing is on Mid February. What is the next move we could do? Can they arrest us before the next date? ( We have got Anticipatory bail till the end of the trial).
Asked 2 years ago in Criminal Law
Religion: Hindu

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11 Answers

Make an application to court for cancellation of bailable warrant 

 

2) court would cancel the bailable warrant 

 

3) you need not wait till next date .make application at the earliest 

Ajay Sethi
Advocate, Mumbai
97592 Answers
7898 Consultations

Bailable warrant was issued against you and in the same order bail is granted on condition of two sureties of 10k each. Appear in Court submit sureties, sign a personal bond of ordered sum that will solve your problem. After that you will not be arrested. Buy before submitting sureties you may be arrested and produced in Court. To avoid this problem appear in Court on any day with lawyer and complete the procedure .

Ravi Shinde
Advocate, Hyderabad
4473 Answers
42 Consultations

Dear client if u have anticipatory Bail till end of trial then No one can arrest u.. 

If u have only Anticipatory Bail and its for limited period then Immediately submit it in the court and get it convert in to regular bail.. then No one can Arrest u...

Then trial will start...so on...

 

 

Kavery Anand Pandharpurkar
Advocate, Bangalore
336 Answers
12 Consultations

As on date bailable warrant has been issued against you 

 

as such you have to apply to court for cancellation of bailable warrant 

Ajay Sethi
Advocate, Mumbai
97592 Answers
7898 Consultations

Though you have obtained anticipatory bail,  perhaps you have not got enlarged on regular bail. 

Now there's a bailable warrant also has been issued. 

Hence you better file the following petitions before the trial court 

1. Hearing advance petition 

2. Surrender petition 

3 . Warrant recall petition 

4. Solvency petition with two guarantors. 

You can talk to your advocate and arrange to file them immediately. 

T Kalaiselvan
Advocate, Vellore
87794 Answers
2364 Consultations

1. Your anticipatory bail can be cancelled by court anytime if your subsequent  conduct was offensive, 

Hence you may better follow the procedures suggested earlier to be on the safe side 

T Kalaiselvan
Advocate, Vellore
87794 Answers
2364 Consultations

AB  is not a ban on arrest, it only means on arrest you will be released on bail. Court has power to issue BW or NBW if you do not appear on the date of hearing. Your only option is to submit sureties to the satisfaction of the Court.

Ravi Shinde
Advocate, Hyderabad
4473 Answers
42 Consultations

- You need not worry for the issued bailable warrant , as police cannot arrest for the same 

- However, you should appear before the court on the next date of hearing , otherwise this BW will convert into Non Bailable Warrant.

- Hence, if you will appear before the court on the next date of hearing , then it will automatically cancelled and there is no requirement for even moving the cancellation application. 

- Further, the said anticipatory bail will continue till the time of the issuance of the NBW. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

No need to worry about bailable warrants. You'll not be arrested. File an application for cancellation of bailable warrants and it'll be allowed by the court.

Also, trying hiring a lawyer who is present on court dates. Accused/s presence is also required. 

You can also get your presence recorded when your matter gets called in court even in the absence of your lawyer. In that case, no warrants would be issued.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

Dear client I am sorry to your dad but in this case you can try to amicably the situation through alternative dispute resolution or else you can file a case against them for false acquisition

Anik Miu
Advocate, Bangalore
10413 Answers
121 Consultations

If you don't have ABA then they can arrest you

 

Prashant Nayak
Advocate, Mumbai
32914 Answers
209 Consultations

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