Can the NBW be cancelled in my case without reapplying for bail?

Response

Yes, it is possible to cancel it without incurring any fees. You must appear in front of the appropriate judge and reapply for bail. As soon as you are granted bail, you must provide a new surety in accordance with the court’s instructions. Your NBW will most certainly be revoked, and instead of paying cash surety, you can provide surety in the same amount. Under the CRPC, the term “bail” is not defined.

Bail is a type of security offered to the court by the accused that he will appear in court to face the charges leveled against him, and it includes personal bonds and bail bonds. Bail is a legal instrument that ensures that the accused appears in court. The police and the courts are the two agencies that can grant bail. The primary goal of bail is to guarantee that the accused appears in court for his or her trial.

The provisions of bail are dealt with in sections 436 to 439. The essential rules for granting or denying bail can be described as follows:

a. There are only two types of criminal offences: bailable and non-bailable.

b. In the case of bailable offences, the accused has the right to request and be granted bail under section 436 CRPC.

c. In circumstances involving non-bailable offences, section 437 CrPc establishes certain fundamental conditions for the exercise of his judicial authority in granting or denying bail. The nature of the offence, prior criminal history, and probability of guilt are only a few of the criteria.

d. In circumstances when there is a fear of arrest, Section 438 CRPC deals with anticipatory bail.

Reference:  – – AHG293 – 202100581 – 157 – 183- 20210076202100212715

LAWAYZ-2023-1024

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