Grant of bail much less early bail which you desire will be difficult due to the fact that you have been absconding. If, however, you are able to convince the court about the sufficiency of cause which prevented you from appearing in the court then you may get bail at the High Court.
Hyderabad / Need advice on 307 section 30 NBW against 1 case/need
Dear am abcounding from 3 yrs am not going to court and court issued 30 non bailable warrant on me against 1 case of section 307 currently am not available in India am the one A1 and A2 is appering in Hyd District court regularly and recently case was splited due to am not in country and charges are started on A2, Now am willing to come back to India only reason for coming is my father age is 66 got blind in both eyes and no person is available their to take care and my wife is with me here, she can't travel if i delay 3 months more because she is carrying pregnancy and is it possible to get early bail. After bail I will stay in Hyderabad till case close And my wife don't know brief about what charges are pending on me in court but she knew some problem am facing.
Asked 8 years ago in Criminal Law
Religion: Hindu
7 Answers
Engage a lawyer if you do not have one already.
Hi, no worries. If you know the case number and police station,i will plan the next steps.
1. You are already delayed and any further delay of 3 months is not going the change ground reality much.
2.If charge sheet is submitted which appears to be so then you can apply for bail.
3. If charges are not so grave agaisnt you then may get bail as well.
4. Without seeing the charge sheet it is difficult comment on merit of the case.
1) you made a mistake in not appearing in court till date
2) you should surrender before court apply for cancellation of NBW issued
3) court will stay the NBW issued on certain terms and conditions
4) you may be directed to furnish 2 sureties and not to leave city without court permission
Once you are returning to India, you need to surrender yourself before court and get the non-bailable warrant recalled which is pending against you. The warrant recall may happen on the same day provided you furnish sufficient solvency for the purpose.
If you are already on bail, then it will be considered as jumped bail, hence you may once again apply for bail, get enlarged on bail and seek for recall of pending NBW against you.
1. It is difficult to predict whether you will get bail easily or not without perusing the FIR and charge sheet,
2. You can try for the mail by managing the PP who is expected to sternly object to your getting bail,
3. In normal case, it will be very difficult for you to get bail since there are 30 NBWs issued against you,
4. However, despite all, it will be prudent on your part not to delay any further and surrender before the Court and try for bail,
5. Engage an experienced lawyer having expertise in this field.
