Bharatiya Nagarik Suraksha Sanhita, 2023
Section 528—Order passed by ASJ cancelling bail and issuance of non-bailable warrants against petitioner—Challenged—Petitioner was convicted by trial court and held guilty for commission of offence under Section 138 of the NI Act—Proceeding in question is an appeal against conviction filed by petitioner himself—There is nothing forthcoming from the records or the impugned order that non-appearance on the part of petitioner was deliberate or to evade the process of the court—Court below was wrongly straightway proceeded to issue NBWs against the petitioner—Issuance of NBWs in the first instance amounts to an unjustifiable restriction on the procedural rights of petitioner in the absence of any misconduct, lack of bona fides or a deliberate attempt to evade the proceedings on his behalf—Issuance of non-bailable warrants must not be exercised in a mechanical manner—It must be adopted sparingly and only upon recording cogent reasons that reflect the necessity of such a stringent course—Fact that prime object of cancellation of bail and forfeiture of bail bonds is to secure presence of accused—Proceedings in question relate to an appeal against conviction filed by the petitioner himself—Willingness shown by petitioner to appear before the Appellate Court on each and every date in accordance with law—Petitioner having submitted that he shall cooperate for an expeditious culmination of the appeal and there being no tangible material brought forward to indicate the likelihood of the petitioner to evade the process of justice—Impugned order set aside—Petition allowed.
[Paras 8 & 9]