Will stay of criminal proceeding mean stay of warrant and arrest also?

Tilak Marg Forum for Legal Questions Forums Criminal Law Will stay of criminal proceeding mean stay of warrant and arrest also?

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    • #1834
      Anonymous
      Guest

      If the high court issues a stay order staying criminal proceedings pending in a lower court, will it also mean stay of the warrant issued by lower court for arrest of accused? Will his arrest be stayed? Or, at least will the accused be released on bail since the criminal proceedings are now stayed?

    • #1917

      It depends on the language of the order passed by the high court while staying the criminal proceedings in the lower court. It also depends on what types of prayers were made before the high court. Sometimes, even if the proceedings are stayed, lower court has to give dates, for example, to extend the custody of the accused (if they are in custody) from time to time. So, it all depends. You have not mentioned the specific language used in the order.

      In case you also wanted stay on warrant issued against you, you could have specifically brought it to the knowledge of the high court that a warrant was pending against you, in which case on being convinced the high court could have specifically directed that no coercive action be taken against the accused in the meanwhile.

      Anyway, in the absence of knowledge of full details of the order passed the high court, it is difficult to interpret its full effects.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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