An addl. Sessions Judge has ruled,1." There is no provision in law which entitles an accused to press application for recalling of warrant and pray for allowing previous bail, when bail bond not forfeited already ."
2." Only option is one has to file a bail application and application for put up to appear before court when NBW is pending excution, after charge framed "P/W not started in three years yet"
" advocates and judge said,
3." issue of NBWA automatically cancels bail and new bail petition required for fresh bail order."
On above extracts my question is -a) if the judge is correct?
b)Keeping in view of several judgement of many high courts of India in this regard I contend judge is wrong. Am I wrong? I need some SC ref.and you prudent feed back on actual law.
c) Is the 2nd contention correct? My knowledge says not correct,unless bond is forfeited,bailor discharged bail is not cancelled.in subsistence of a valid bail new bail application cannot be filed, sureties may be varied.Am I wrong?
d) If the 3rd contention of court correct?
1 Answer from Attorneys
Please assess all the facts and circumstances of the matter and proceed.
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