MP HC Advises Trial Courts Not To Issue Non-Bailable Warrant At First Instance [Read Order]

The Madhya Pradesh High Court has advised trial courts not to exercise its power to issue non-bailable warrant in a routine and mechanical manner and in the larger interest of justice, try to secure the presence of the accused on the next date of hearing by way of a bailable warrant at the first instance.

The petitioner moved the high court for cancellation of the non-bailable warrant issued against him issued by the trial court in a case where he is co-accused.

The trial court rejected his application filed under Section 70(2) of CrPC to cancel the non-bailable warrant issued against him on July 3, 2017.

The petitioner counsel Abhijeet Bhowmick cited a case in which this high court has held that personal appearance of the accused is not mandated under the provisions of Section 70 (2) and that the same can be decided in his absence by deciding one way or the other.

Section 70(2) of the CrPC vests the court with the power to recall the warrant of arrest and the same can also be exercised suo moto and must not be construed in a manner that would result in hardship to the person so sought to be produced by way of a non-bailable warrant, the counsel said.

Justice Atul Sreedharan allowed the petition and quashed the non-bailable warrant issued vide order dated 3/07/2017.