• Granting of bail for nbw

Hi, One of my siblings has been issued NBW by Sessions court as a few culprits including the police CI have colluded and framed charges about having taken money for jobs. There're no evidences but they gathered 19 witnesses who dont even know her. It has been 1 year and she has not yet surrendered. We consulted a small part time lawyer who in turn informed that she needs to surrender. Need solid advice and guidance on how she can obtain bail on the same day of surrendering. References from high courts and Supreme court would greatly help.
Asked 7 years ago in Criminal Law
Religion: Hindu

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4 Answers

1.What sections have been put in the FIR filed against her?

2. The steps to be followed for getting surrendered bail under such circumstances is that first of all get in touch and develop rapport with the investigation office (I.O.) of the said case.

3. After that find out who is the public prosecutor in the instant case.

4. The procedure followed while availing surrendered bail is that the P.P. does not object to allowing bail by the Court and the I.o. submits favourable report (or at least leaves lots of loop holes in the charge sheet submitted).

5. After taking the above steps, ask her to surrender against a bail application to be filed by her lawyer.

6. There can not be any Court order specifying the above steps for getting the surrendered bail. It is understandable that if the P.P. does not object to the grounds submitted by her lawyer for seeking her bail, then she will be granted bail.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1) If any non bailable warrant has been issued against your sibling she has to engage a local lawyer and apply to court for cancellation of non bailable warrant issued against her

2) she should apply for bail

3) court may release her on bail subject to certain terms and conditions

4) there is no guarantee that she would be released on bail on same day

5) you don't need reference to judgments

Ajay Sethi
Advocate, Mumbai
94733 Answers
7537 Consultations

5.0 on 5.0

The accused has to apply for cancellation of NBW. The court will not consider the application for cancellation of NBW unless the accused is personally present before it. If the accused is present in the court the NBW can be cancelled on the same day.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Due to her continued non appearance in the case W/A is surely issued.

if that is so then file a petition in high court on stay of her arrest.

Once the court grants the same she can appear in the case and on surrender can pray for regular bail.

On surrender the bail if granted is given on the same day.

Another option is to apply for anticipatory bail as if the charges are grave then the court may not grant bail and then she may be taken into custody.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

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