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Showing posts with label non bailable warrant. Show all posts
Showing posts with label non bailable warrant. Show all posts
Wednesday, 2 July 2025

J & K HC: Magistrate should not issue non-bailable warrant against accused at pre-cognizance stage of the complaint U/S 138 of NI Act

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 So far as the case in hand is concerned, the learned Magistrate upon satisfying himself regarding to record the service of pre-cognizance n...
Saturday, 12 April 2025

Supreme Court: Under which circumstances the court should issue non bailable warrant instead of summons for securing presence of accused?

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  Just as liberty is precious for an individual so is the interest of the society in maintaining law and order. Both are extremely important...
Thursday, 27 June 2024

Supreme Court: No Anticipatory Bail To Accused Against Whom Non-Bailable Warrant & Proclamation Under Section 82 CrPC Are Pending.

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We have already held that the power to grant anticipatory bail is an extraordinary power. Though in many cases it was held that bail is said...
Thursday, 2 May 2024

Supreme Court: Non-Bailable Warrants Shouldn't Be Issued Unless Accused Charged With Heinous Crime Is Likely To Abscond Or Destroy Evidence

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 We, however, would allow the present appeal to the extent that the nonbailable warrants issued against Manager Singh are unsustainable and ...
Sunday, 30 October 2022

Can the appellate court give the benefit of S 436A of CRPC to the accused when criminal appeal or revision is pending?

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 Section 436A of the Code has been inserted by Act 25 of 2005. This provision has got a laudable object behind it, particularly from the poi...

Supreme Court: The Courts should give expanded interpretation to S 436A of CRPC for expediating release of the accused on bail

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  Section 436A of the Code 436A. Maximum period for which an undertrial prisoner can be detained. -- Where a person has, during the period o...

What is the difference between Section 439 and Section 389 of the Code of Criminal Procedure?

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   It may be seen that there is a marked difference between the procedure for consideration of bail Under Section 439, which is pre-convicti...

Supreme Court: Under which circumstances do the Magistrate may issue a Non-bailable Warrant

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  When non-bailable warrants should be issued 53. Non-bailable warrant should be issued to bring a person to court when summons or bailable ...

Supreme Court: Precaution which Magistrate should take before authorizing detention of accused

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  The power to authorise detention is a very solemn function. It affects the liberty and freedom of citizens and needs to be exercised with ...

What conditions can the court impose while cancelling the NBW issued against the accused in his absence?

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d)  NBW may be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of Accused, if such an applicati...
Thursday, 9 April 2020

Supreme Court: In Criminal complaint case court should not issue non bailable warrant in first instance

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Before parting with this appeal, we would like to discuss an issue which is of great public importance, i.e., how and when warrants should...
Monday, 4 September 2017

MP HC Advises Trial Courts Not To Issue Non-Bailable Warrant At First Instance

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Reliance was placed on the order passed by this Court in M.Cr.C. No. 4417/2017 dated 21/03/2017 in which it has been held that personal a...
Monday, 31 August 2015

Whether Magistrate can issue non bailable warrant at first instance for recovery of amount granted under Domestic violence Act?

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 Thus there is absolutely clear provision under  the Code   of Criminal Procedure, which lays down as to how the amount of maintenance, fi...
Friday, 23 May 2014

Supreme Court: Court should be extremely careful before issuing non-bailable warrants.

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 The court in all circumstances in complaint cases at the first instance should first prefer issuing summons or bailable warrant failing ...
Saturday, 17 May 2014

Whether NBW should be issued for recovery of interim maintenance Granted under DV Act?

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In my considered opinion, the procedure laid down under Section 125(3) of the Code of Criminal Procedure for getting compliance of the ...
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Sunday, 23 June 2013

Whether Magistrate can issue NBW for recovery of maintenance granted under domestic violence Act?

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The   Magistrate   issuing   NBW,   therefore,   seems   to   have followed  the Special Procedure  for the arrest of  the husband  for n...
Sunday, 30 December 2012

Supreme Court Guidelines laying down precautions to be taken by the courts before issuance of non-bailable warrants

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 However, before parting with the judgment, we feel that in order to prevent such a paradoxical situation, we are faced with in the instant...