...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.... 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 ...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 pend...

...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...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...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 ...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 O...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 chal...

...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 ...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 direct...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 ...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 ...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 ...

..., 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 t...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 matt...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...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 .... 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...

...summon and thirdly if it is considered that the person could harm someone if not placed into custody immediately. In the absence of the aforesaid reasons, the issue of non-bailable ...attendance of the 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 3...an 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 ...

...take bail from him. Section 497 deals with the question of granting bail in the case of non-bailable offences. A person accused of a non-bailable offence may be released...exercising such jurisdiction shall be recorded in writing. Sub-section (3)(a) which has been added in 1955 deals with cases where the trial of a person accused of any non-bailable offence...from him. The position of persons accused of non-bailable offences is entirely different. Though the recent amendments made in the provisions of Section 497 have made definite improvement...

...”) uses 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 .... In the third instance, when the court is fully satisfied that the accused is avoiding the court's proceeding intentionally, the process of issuance of the non-bailable warrant should be..., the 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...

...alacrity, is that in cases where an accused against whom non-bailable warrant is pending and the process of proclamation under Sections 82/83, Cr.PC is issued, is not entitled to the relief ...justiciable. Certainly, in the absence of an interim protection, there can be no legal trammel for issuing non-bailable warrant or for initiating proceedings under Section 82, Cr. PC. merely becau...and despite the pendency of non-bailable warrant, the pending application for anticipatory bail is liable to be considered on its own merits and at any rate, on the aforesaid grounds the pending...

...justified in granting bail to the accused under Section 439;(ii) Whether there are any supervening circumstances which would warrant the cancellation of the...distinction between the rejection of bail in a non-bailable case at the initial stage and the cancellation of bail after it has been granted. In adverting to the distinction, a Bench ...bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are...

...:“13. … Whether in the circumstances of the case, the attendance of the accused-respondent can be best secured by issuing a bailable warrant or non-...accused in the court, the summon or the bailable warrants should be preferred. The warrants either bailable or non-bailable should never be issued without proper scrutiny of facts and com...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...

...case of non-bailable offence.— (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without ...is one thing; cancellation of a bail already granted is quite another. It is easier to reject a bail application in a non-bailable case than to cancel a bail once granted. That is because ...:“Rejection of bail when bail is applied for is one thing; cancellation of bail already granted is quite another. It is easier to reject a bail application in a non-...

...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 cases judicial discretion will always be exercised ...recording his reasons in writing, release a person accused of or suspected of the commission of any non-bailable offence provided there are no reasonable grounds for believing that the ...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 necessar...

..., non-bailable warrants were issued against him for 22-8-2000. In the meanwhile the respondent filed a criminal miscellaneous application under Section 482 of the Code in the High Court without...before such court to give bail, such person shall be released on bail. Under Section 437 of the Code when a person accused of, or suspected of the commission of any non-bailable offence i...-1999, the investigating officer recorded the statements of witnesses under Section 161 of the Code of Criminal Procedure. The accused-respondent moved an application for grant of anticipatory bail ...

....”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-Ch...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...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 other, we shall first take up the matters relating to...

...bail in cases of non-bailable offences, provides by way of an exception that a person accused or suspected of the commission of a non-bailable offence “shall no...prosecuting agency including complainant/victim and also to the court concerned—by filing of cancellation of bail by former and issuance of bailable and non-bailable warrant by t...section, while conferring the power to grant bail in cases of non-bailable offences, provides by way of an exception that a person accused or suspected of the commission of a ...