...been appreciated by the learned trial Court in its right perspective and despite the said order, the learned trial Court has held that the said application for cancellation of non-bailable warrant cannot be decided in the absence of the accused persons.... At page 3 of the order, it is observed by this Court that in cases where the accused absence is inadvertent on a hearing date, though the trial Court has a right to issue non-bailable warrant, it was...Magistrate First Class, Jabalpur. The only relief that is sought for by the applicant is cancellation of non-bailable warrant issued against the applicant on 3/07/2017 in the pending case...

...show that the application seeking cancellation of Non-bailable warrant was filed by the Advocate in absence of the accused. 5. Learned APP has drawn attention of this...passed by the learned Magistrate and upon perusal of the application filed by the applicant seeking cancellation of Non-bailable warrant in the presence of the accused, this Court is not inclined to...Court to the observations of the learned Magistrate. While rejecting the application seeking cancellation of Non-bailable warrant, the learned Magistrate had considered the conduct of the accused. It...

...Negotiable Instruments Act, 1881, is a bailable offence. The cancellation of the bail bond and issuing notice to the sureties in a bailable offence ought not to be done without due consideration. A perusal of the proceedings sheet dated 22.04.2024 indicates that the failure of the counsel to represent the accused and also the absence of the accused have resulted in issuing non-bailable warrant and...accused on the said date and since she was not represented, a non bailable warrant has been issued, and the bail bond was also cancelled by the learned Magistrate. 2. I...forfeited only when there is a willful default on the part of the accused in not appearing before court. Cancellation of the bail bond arises only after the bond is forfeited. The decision in...

.... The applicant had filed an application for cancellation of non-bailable warrant on 13 March 2020. The said application was rejected on the same day on the ground that the accused was not present. That, there was no cogent and sufficient reason to cancel the warrant in the absence of...file a fresh application seeking cancellation of non-bailable warrant. The learned Metropolitan Magistrate shall consider the said application on its own merits and decide the application in...Sadhana S. Jadhav, J.:— The applicant herein seeks cancellation of non-bailable warrant issued against the present applicant by Metropolitan Magistrate, 26 Court, Borivali on 6 March 2020...

...roznama relied by the applicant in each cases shows that the complaints of offence under Section 138 of the Negotiable Instruments Act, 1881 were part heard. Way back on 19/04/2018, because of absence of the accused in part heard cases, order directing issuance of non-bailable warrant was passed by the learned trial Magistrate. It is seen that on 25/07/2018 on application for cancellation of...application and argued that the learned trial Court is not cancelling the non-bailable warrant, but is taking the accused in custody and, therefore, liberty of the applicant be protected and the Order...this Court requires to be exercised sparingly and that too in appropriate cases. In the case in hand, Order directing issuance of non-bailable warrant against the accused is challenged. Perusal of...

...lieu of his chief examination. In such circumstances, the absence of the accused on one day, that too, when she was duly represented, should not have resulted in cancellation of her bail and issuance of non-bailable warrant. For...petitioner is the accused in S.T. No.40 of 2016 on the files of the Judicial First Class Magistrate Court-II, Perambra. The case originated from a complaint filed by the 2ndrespondent..., the bail granted to her was cancelled and non-bailable warrant issued. Hence, this Crl.M.C. 2. Learned counsel for the petitioner submits that, even though the case...

...from appearing in Court and violated the conditions of bail bonds. Therefore, in this case also, the order of cancellation of bail bonds is set aside and the Trial Court is directed to be careful in future in passing order in case of absence of the accused where only order could be passed of cancellation of bail and not cancellation of bail bonds and after cancellation of bail only the process of non-bailable warrant can...20.08.2010, by this Court in W.P. (Cr.) No. 111 of 2010, wherein this issue has been considered where also the Magistrate ordered that "bail bond" of the accused is cancelled and non-bailable warrant...that order, the learned Trial Court has cancelled the bail bonds and ordered for issuance of non-bailable warrant as well as notice to the sureties. Learned counsel relied upon the order passed on...

...was not maintainable and as such, was rightly rejected by the Trial Court. He submits that it was always open for the applicant to file an appropriate application seeking cancellation of the non-bailable warrant, issued by the Trial Court, as against the applicant. 5. Perused the papers. From the order dated 29 December, 2021, it appears that on the said date, despite repeated calls, neither the accused nor his Advocate is present. The learned Judge observed that the evidence cannot be recorded in the absence of...with, inasmuch as, the applicant ought to have filed an application seeking cancellation of the non-bailable warrant instead of filing an application seeking anticipatory bail. 6...before the Trial Court seeking cancellation of the non-bailable warrant issued to the applicant. 7. If an application is filed seeking cancellation of the nonbailable warrant issued by...

...consistent previous conduct, did not warrant cancellation of bail or issuance of non-bailable warrants. It has also been submitted that the co-accused are on bail and the matter is now fixed for 08.10.2026..., submits that the petitioner remained absent before the Trial Court on 04.06.2026 without sufficient cause, resulting in cancellation of bail, forfeiture of bail/surety bonds and issuance of non-bailable...-accused. It has further been submitted that there is an unexplained delay of about six days in registration of the FIR and no transaction or receipt of any amount between the petitioner and the...

..., shall take the case on board forthwith and shall decide the application for cancellation of non-bailable warrant in the light of law laid down by the Hon'ble Supreme Court in the matter of Inder Mohan Goswami (supra) and Sanjay Chaturvedi (supra) and particularly keeping in mind the fact that the offence alleged against the petitioners/accused persons is a bailable offence.iv) Absence of...is held that it is not desirable to issue non-bailable warrant straightaway without issuing of bailable warrant to secure presence of the accused. It is held in the matter of Sanjay Chaturvedi (supra...the case on board accompanied by application for cancellation of non-bailable warrant moved as and when by the applicants/accused persons.iii) The learned trial Magistrate, then...

...cancellation of bail bonds is set aside and the Trial court is directed to be careful in future in passing order in case of absence of the accused where only order could be passed of cancellation of bail and not cancellation of bail bonds and after cancellation of bail only, the process of non-bailable warrant can...given to circulate a copy of this order to all the Judicial Magistrate in the State of Jharkhand so that they may follow the procedure properly in the matter of absence of the accused and pass.... This criminal writ application has been filed for quashing of order dated 15.2.2010 passed in Complaint Case No. 1004 of 2007 including the orders dated 27.7.2010 and 23.9.2010 by reasons of which...

...appellant could have been best secured by issuing a summon simpliciter or a bailable warrant instead of a non-bailable warrant in an application under Section 319 CrPC...obligation on the judges while discharging their judicial function to protect and promote the liberty of the citizens.14. The issuance of non-bailable warrant in the...meaning of “bailable offences” and “non-bailable offences” and the circumstances in which a non-bailable warrant can be issued.17. In the legislative history for the...

...the expression “non-bailable” a Magistrate is not authorised to issue non-bailable warrant of arrest even when an accused fails to appear in court. It was submitted that having held that Respondent 2...complainant approached Colaba Police Station and insisted on the arrest of the appellant in pursuance of the said non-bailable warrant. Thereupon, Respondent 2, who at that point of time was posted...of offence alleged against him, in the first place, the Additional Chief Metropolitan Magistrate erred in law in issuing non-bailable warrant in a routine manner, without application of mind, merely...

...under Sections 82/83, Cr.PC. Thus, it is obvious that the position of law, which was being followed with alacrity, is that in cases where an accused against whom non-bailable warrant is pending and...-bailable warrant and initiation of the proceedings under Section 82, Cr.PC are justiciable. Certainly, in the absence of an interim protection, there can be no legal trammel for issuing non-bailable...the learned Senior Counsel appearing for the appellants even in such envisaged circumstances and despite the pendency of non-bailable warrant, the pending application for anticipatory bail is liable to...

...non-bailable case at the initial stage and the cancellation of bail after it has been granted. In adverting to the distinction, a Bench of two learned Judges of this Court in Dolat Ram v. State of...Haryana (1995) 1 SCC 349 observed that:“4. Rejection of bail in a non-bailable case at the initial stage and the cancellation of..., in our view, a supervening circumstance of such a nature as would warrant the cancellation of the bail which was granted by the High Court. The learned counsel appearing on behalf of the accused has...

...bailable warrant or non-bailable warrant, is a matter which rests entirely in the discretion of the Court. Although, the discretion is exercised judicially, it is not possible to computerise and reduce...CrPC because the Special Judicial Magistrate, Rishikesh issued a non-bailable warrant against the appellants on the basis of first information report under Sections 420/467 IPC filed by the respondents...an issue which is of great public importance i.e how and when warrants should be issued by the court? It has come to our notice that in many cases bailable and non-bailable warrants are issued...

...insofar as relevant provide as under:“437. When bail may be taken in case of non-bailable offence.— (1) When any person accused of, or suspected of, the commission of any non-bailable...411 this Court observed rejection of bail when bail is applied for is one thing; cancellation of a bail already granted is quite another. It is easier to reject a bail application in a non-bailable...questioned. Ultimately in the appeal this Court held that:“A person accused of a non-bailable offence may be released by a court but he shall not be so released if there appear...

...there appear to be reasonable grounds to believe that the accused has been guilty of such an offence there will be no question of the Court or the officer granting bail to him. In all other non-bailable.... Even the officer-in-charge of the police station may, by recording his reasons in writing, release a person accused of or suspected of the commission of any non-bailable offence provided there are...be held to be trustworthy will be an issue at the stage of trial. In considering the question of bail of an accused in a non-bailable offence punishable with death or imprisonment for life, it is...

....”As will be evident from the above, when any person, other than a person accused of a non-bailable offence, is arrested or detained without warrant by an Officer in-Charge of a police station, or is...Section provides as under:-“436. In what cases bail to be taken.-(1) When any person other than a person accused of a non-bailable offence is arrested or detained without...Excise Act, 1944 and the Customs Act, 1962, are non-cognizable, are such offences bailable? Although, the provisions of both the two Acts in this regard are pari materia to each...