i was arrested in a murder case(2002) 12 years back got out on bail after three months by furnishing two sureties, when trial comes i was absconding for about 2 years as i was the only bread winner for my family so i was doing job in another state. later when i come to know that at the time of offence i was under 18 years and i will be treated like juvenile so i contacted an advocate he surrendered me to court and i got bail (2006)and the case had been transferred to juvenile court , the case was running and magistrate put my case to summon, advocate told me when court calls me then i should come, in 2 years court never called me in the mean time i got married and got son and daughter and i am working in bang lore recently i came to know there is a warrant pending against(2011) me as i change my home so they searched for me and issued a warrant.
the query is now
can i get a immediate bail with out getting remind in jail.
what could be the sentence court could announce if i found guilty.
if court give me punishment can i get bail from higher court with out going to jail.
sorry for long question.
Asked 2 years ago in Criminal Law from hyderabad, Andhra Pradesh
Since you have changed your home, the notice to summons you was not served, hence NBW has been issued against you. You have to get the NBW vacated by your Advocate by giving the same reason that you have shifted your house and you was not aware of service of notice on the old address. The police may arrest you as NBW is pending. Hence, ask your advocate to simultaneously file Bail application. You will get the bail easily as it is a juvenile case.
1. Since a criminal case was pending in your name, it was great folly on your part not be be vigilant as far as following up of your case is concerned.
2. However since the W/A is pending for execution in your name, you are required to take bail.
3. To apply for bail you have two avenues- i. to surrender and apply for bail from the same Juvenie Board, ii. another is to apply for anticipatory bail from higher court.
4. In this type of cases getting bail is not a difficulty.
Surrender before the court and get the NBW issued against you for non appearance to face trial canceled. There is sufficient cause for non appearance and it is most likely that you will get relief though a penalty might be imposed.
In the existing laws under juvenile justice , if you are convicted you might be sentenced up to three years.
Advocate, New Delhi
Surrender before court and produce a medical certificate mentioning the cause that it was due to illness you couldn't attend court.try to get bail and finish off your casein you are convicted as in it according to juvenile law it will be maximum 3 years.
YOU SHOULD APPEAR IN COURT ASK FOR RECALL YOUR WARRANT IF NOT YOU MAY SENT TO SUDHAR GRAH NOT JAIL. AFTER DAY OR TWO YOU AGAIN WILL RELEASED ON BAIL. AS FAR AS CONVICTION IS CONCERNED IT CAN BE UPTO THREE YEAR THAT YOU WILL HAVE PASS IN SUDHAR GRAH NOT IN JAIL
Advocate, Greater Noida
1. A criminal case involving even a petty offence has to be handled very deftly. The casual manner in which you handled the murder case is very surprising to say the least.
2. Since a warrant of arrest has been issued against you it is now required of you to get the warrant cancelled by either surrendering in the court or applying for bail. If the warrant remains pending you may be arrested at any time in which event you will in all likelihood be denied bail by the court. So surrender and apply for bail now to preempt your arrest. Getting bail at this stage will not be difficult.
thanks for the answers,
Now at present my age is around 31 years .what court will do if i surrender will they send me to jail or SUDHAR GRAH and as far as conviction is concerned will court will give maximum punishment or minimum punishment and now i am 31 year old father of two children still they will send me to SUDHAR GRAH. is there any way that i will pay the penalty and avoid going sudhar grah or jail. am i eligible to get anticipatory bail.what petition should i file in court.
kindly give me answers with case laws and guide me how to dispose my case as early as possible
NEITHER I AM CRIMINAL NOR I AM INVOLVED IN ANY UNLAWFUL ACTIVITIES AFTER THIS CASE.
Asked 2 years ago
1. Mostly not,
2. Talk to a criminal lawyer who will ensure that the PP does not object to your getting the bail on being surrenderd,
3. In the same way, you can apply for AB also for which your lawyer shoud talk to the Public Prosecutor to ensure that he does not object in your getting AB,
4. Please note that, in such cases, you will surely get bail if the bPP does not object to it.
You will send to jail and not to juvenile home. Try to get it in terms of fine.court have to decide the same
no need to worry, if non appearance before the court is due to sufficient reason then the court have power to cancel the warrant issue against you and imposed a penalty and conditions for continue till the final disposal.
Advocate, New Delhi
1. Please note that the court may either send you to jail or grant you bail, but it cannot send you to sudhar grah as you are aged 31 years now.
2. You are certainly eligible to file for anticipatory bail in the court to preempt the likelihood of you being sent to jail. Filing anticipatory bail is your right. If you can convince the court that your non-appearance in the court was not willful then you may be given bail.
3. The court may impose a penalty on you and set you free.
it is time of offence age to be seen not at time trial since you were jouvenile at that time you will awarded not more three years of punishment
Advocate, Greater Noida