• Date missed in 498A. What are the repurcussions?

Hi, 
I'm fighting 498A and other cases in Bhopal. Me and my parents are accused in the case and are on regular bail since last 2.5 years. Till now the case is pending for prosecution evidence which is still pending since last 10 dates. 
There was a date for the hearing on 21st oct, which my lawyer says he missed due to wrong case date being noted by his assistant. Now he is saying that the bail has been jumped and can be cancelled and so all of accused including my old age parents have to come and appear for taking bail again. 
Pls confirm me what the law says and one instance is enough for judge to issue a warrant? What does the law says and what is the usual process followed. 
The prosecution didnt turn up as usual and next date for the hearing is showing as 2nd feb 2020. 
CAn we go on the next date and take regular bail again if at all required?
Asked 6 years ago in Family Law
Religion: Other

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13 Answers

 Court can issue bailable warrant against accused of you fail to appear in court on due date 

 

2) you and other accused family members can appear in court on next date and seek cancellation of bailable warrant issued against  them 

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

Well if the warrant is issued against the accused then accused can file the Cancellation of warrant application in the court in which he has to mention the reasonable ground as to why he was not present and the situation was beyond his control. so no further action will be taken against you.

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

None appearance or failure to submit exemption applciation, bail may jump (bond forfeited). This is due to fault of your advocate. Ask him to confirm first by checking court record and provide you copy of order forfeiting bail bond. If

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Hi, Since the bail is jumped the court issued a warrant again for the appearance of the accused ..It is correct that the bail has to be taken again ..It is the fault of the the lawyer ,as he should have provide exemption on your behalf 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

- Firstly due to  warrant , no need of worry. Tell your lawyer to move an application for cancelling the warrant issued by the court on the ground of , wrongly noted the date of hearing by the clerk,without waiting for the next date.

- Move an application for exemption on behalf of your old age parent on medical and old age ground. No need to appear for them on each and every date of hearing .They can get  permanent exemption on old age ground.

-  Since , you all are on regular bail, so no need to take regular bail once again , if surety not cancelled.

- If, the case is  pending since last ten dates for prosecution evidence due to complainant , then you can move an application before the court , for closing the evidence of complainant.

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

A bailable warrant is generally issued by the court and if on the next date the accused do not appear then a non bailable warrant is issued.

Kindly contact your lawyer and find out what is the order. He can explain the reasons for onon appearance.

Regards 

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Here warrant may have been issued. If not then there is no issue or attendance. Lawyer can file exemption application. 

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

1. Your lawyer is right, so you must heed him. If warrant has been issued then accused must appear before the court to get it cancelled.

2. One non appearance is sufficient for the court to issue warrant.

3. Regular bail is not required to be obtained again. Appear in the court and seek cancellation of warrant.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Once bail is granted, it will remain in force till it is cancelled.

You need not worry.  Just check the court proceedings of case on last date of hearing, time permitting you appear on next date of hearing.  If nothing adverse is noted against you, just ignore.  However, take your advocate into confidence and work with him, the court procedure needs to be followed.

No need to worry.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes if accused fail to appear the court may issue Warrent though if any warrant is issued you can file application before issuing court for cancellation of Warrent. The issuing court has power to cancel same you can site the reason and can seek cancellation.

Check with your advocate if any warrent issued or not.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It may not be bail, but it my be that a NBW was issued against you all who did not appear before court on the date of hearing neither your advocate represented your case.

Now you may file a petition to recall the warrant under section 70(2) cr.p.c.

For that you people should surrender before court  and get the warrant recalled.

After that you may even think of changing your lawyer because this one seems to be very irresponsible.

 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

Yes one instance is enough for issuance of non bailable warrants of accused.

You have to make another application for bail in trail court due to wrong date noted by lawyer.

Yes you can appear on next date of hearing and make application for bail. 

But it would be better if you appear and make application for appearance and bail.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

An application should be moved before the court which has granted the bail stating all these grounds or the related grounds stated above for cancellation of bail of the accused. Based on the facts of the case, the court will consider all the grounds and order for the cancellation of the bail if the said grounds are found to be correct.

One has to lodge a complaint with the police detailing the conduct of the accused pointing out the violation of the terms of the bail as fixed by the court before approaching the court for cancellation of bail.


The facts should specifically point out that the accused is interfering or attempting to interfere with the investigation and the course of justice.
The facts should also clearly state that the accused is evading or has attempted to evade the course of justice

It should be brought to the knowledge of the court that the accused has abused the liberty granted to him by the court.


The accused has misused his liberty by indulging in similar criminal activity so the court should cancel his bail.


The accused interferes with the course of the investigation of the case.


The accused attempts to tamper with the evidence or witnesses of the case.


The accused threatens witnesses or indulge in similar activities.

The application for cancellation of bail and the law related to the same are very complex and the services of highly qualified lawyer should always be taken by making all strong grounds.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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