A bench headed by Justice Sanjiv Khanna said that though there is no comprehensive set of guidelines for issuing non-bailable warrants, the apex court has observed on several occasions that non-bailable warrants should not be issued unless The accused should not be charged. With heinous crime, and likely to evade process of law or tamper/destroy evidence.
Quashing the summons order, the bench, also comprising Justice SVN Bhatti, said, “It is the settled position of law that non-bailable warrants cannot be issued in a routine manner and the liberty of a person is curtailed unless “Can’t be done unless there is a need on a large scale.” Interest of the public and the state.”
In 2021, the Special Chief Judicial Magistrate, Lucknow, issued a non-bailable warrant against Manager Singh, noting that there was no provision for exemption from personal appearance before obtaining bail.Another order recorded that since the accused remained absent despite the issuance of bailable warrants, non-bailable warrants were issued to ensure his personal presence.
“The observation that there is no provision for granting exemption from personal appearance before obtaining bail is not correct, because the power to grant exemption from personal appearance under the Code (Criminal Procedure) should not be read in a restrictive manner when applied to . Only after the accused gets bail. “This court in Maneka Sanjay Gandhi and Others vs. Ran Jethmalani held that the power to grant exemption from personal appearance should be exercised liberally when the facts and circumstances require such exemption,” the top court said.
It asked the trial court to re-examine the entire case based on the observations made in its judgment and then proceed as per law.In exercise of the power under Article 142 read with Article 136 of the Constitution of India, the Supreme Court ordered that the accused Manej Singh shall be released on bail on the terms and conditions decided by the arresting officer, the investigating office or the trial court. Will be decided by the trial court.
Quashing the summons order, the bench, also comprising Justice SVN Bhatti, said, “It is the settled position of law that non-bailable warrants cannot be issued in a routine manner and the liberty of a person is curtailed unless “Can’t be done unless there is a need on a large scale.” Interest of the public and the state.”
In 2021, the Special Chief Judicial Magistrate, Lucknow, issued a non-bailable warrant against Manager Singh, noting that there was no provision for exemption from personal appearance before obtaining bail.Another order recorded that since the accused remained absent despite the issuance of bailable warrants, non-bailable warrants were issued to ensure his personal presence.
“The observation that there is no provision for granting exemption from personal appearance before obtaining bail is not correct, because the power to grant exemption from personal appearance under the Code (Criminal Procedure) should not be read in a restrictive manner when applied to . Only after the accused gets bail. “This court in Maneka Sanjay Gandhi and Others vs. Ran Jethmalani held that the power to grant exemption from personal appearance should be exercised liberally when the facts and circumstances require such exemption,” the top court said.
It asked the trial court to re-examine the entire case based on the observations made in its judgment and then proceed as per law.In exercise of the power under Article 142 read with Article 136 of the Constitution of India, the Supreme Court ordered that the accused Manej Singh shall be released on bail on the terms and conditions decided by the arresting officer, the investigating office or the trial court. Will be decided by the trial court.
