New Delhi. The Supreme Court, in a recent judgment, has said that non-bailable warrants should not generally be issued unless the accused faces serious criminal charges and there is a possibility of him influencing the legal process or tampering with evidence. .
A division bench headed by Justice Sanjiv Khanna said that though there are no detailed guidelines regarding issuance of non-bailable warrants, the apex court has on several occasions remarked that non-bailable warrants should not be issued unless Unless the accused faces any serious criminal charge and there is no possibility of him influencing the legal process or tampering with or destroying evidence. Justice S.V.N. in the division bench. Bhatti was also included.
The apex court, while quashing the summons order, said the position in law in this regard is clear that non-bailable warrants should not generally be issued and the liberty of a person should not be restricted unless there is reason for the society to do so. And it may not be necessary to do so in the larger interest of the nation.
The Special Chief Judicial Magistrate of Lucknow had issued a non-bailable warrant against Manager Singh in 2021, saying there was no provision for exemption from personal appearance before the court before bail. In another order it was said that since the accused did not appear even after issuing the bailable warrant, a non-bailable warrant is issued to ensure his presence personally.
The top court said, “The observation that there is no provision for exemption from personal appearance before the court before bail is not correct. The power of exemption from personal appearance of the (Criminal Procedure) Code should not be interpreted in such a way that it can apply only after the accused has been granted bail. In the case of Maneka Sanjay Gandhi and Others vs. Rani Jethmalani, this Court had held that the power of exemption from personal appearance should be used liberally when the facts and circumstances require such exemption.
The Supreme Court asked the trial court to reconsider the entire case in view of the observations made in its order and take action as per law. He also ordered the release of accused Manager Singh on bail on the conditions set by the trial court.
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Tags: Supreme Court
FIRST PUBLISHED: May 2, 2024, 17:13 IST