Seeking anticipatory bail after lower court issued warrant for non-appearance?

[Anonymous]

a person granted bail u/s 437 CrPC. and again learned lower court issued warrant against the accused person due to non-appearance after charge sheet. Can i file an application for anticipatory bail u/s 438 CrPC before the ld. session judge?? plz reply.

[Dr. Ashok Dhamija]

In the facts stated by you, it may not be possible to apply for anticipatory bail. The person had already been granted bail and it is only due to his non-appearance that a warrant has been issued against him by the court. In this situation, instead of seeking anticipatory bail, the person should try for cancellation of warrant issued against him, explaining reasons for his non-appearance.

Here, I am presuming that a non-bailable warrant (NBW) would have been issued against him, though you have not clarified whether it is a NBW or a bailable warrant. In such situation, generally, NBW is issued.

     

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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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