Noman Raza Parvez Rahim Khan vs The State Of Maharashtra Thr. The ...
2022 Latest Caselaw 8676 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH, NAGPUR.

         CRIMINAL APPLICATION NO. (APL) NO. 1179/2022

         Noman Raza Parvez Rahim Khan,
         Aged about 24 years, Occ. Student,
         R/o. Khamb Talab, Dr. Jakir Hussain
         Ward, Bhandara - 441904.

                                                     ... APPLICANT

                                 VERSUS

         The State of Maharashtra,
         through the Police Inspector,
         Ambazari Police Station, Nagpur.



                                              ... NON-APPLICANT
_____________________________________________________________
       Mr. R. S. Renu, Advocate for applicant.
       Mr. H. D. Dubey, APP for non-applicant.
______________________________________________________________

                    CORAM                     : VINAY JOSHI, J.

                    DATE OF JUDGMENT          : 30.08.2022.


ORAL JUDGMENT :

RULE. Rule is made returnable forthwith.

2. Heard finally by consent of respective parties at the stage of

admission.

3. The applicant is accused No. 4 in Spl. POCSO Case

No. 166/2022. He seeks to quash and set aside the order of the Trial

Court dated 25.05.2022, by which non-bailable warrant ('NBW') was

issued against him. The learned counsel appearing for the applicant

has submitted that the applicant was released on bail by the Trial Court

before filing charge-sheet. It is submitted that after filing charge-sheet,

no summons was issued to the applicant/accused, however the Trial

Court has directly issued NBW which is questioned herein.

4. By placing reliance on decision of the Supreme Court in

case of Free Legal Aid Committee, Jashedpur Vs. State of Bihar, 1982

CRI. L.J. 1943, it is submitted that accused who is released on bail need

not be required to appear before the Court until charge-sheet is filed

and process is issued by Court. It reveals that the Trial Court has

released the applicant/accused on bail vide order dated 30.03.2022. As

per statement of the applicant, without issuance of summons directly

NBW has been issued. If the facts are so, certainly the applicant is

entitled for cancellation of NBW. However, since the applicant has not

applied to the Trial Court for cancellation of NBW, the same course has

to be adopted instead of approaching to this Court. The applicant

undertakes to appear before the Trial Court on 05.09.2022 and would

apply for cancellation of NBW.

5. In view of above, the Trial Court shall consider the aspect of

non-issuance of prior summons and pass appropriate order on the

application which would be filed by the applicant for cancellation of

NBW order. In that view, NBW shall not be executed till 05.09.2022.

6. Application is disposed of in above terms.

(VINAY JOSHI, J.)

Gohane

Digitally signed by JITENDRA JITENDRA BHARAT BHARAT GOHANE GOHANE Date:

2022.08.30 18:29:37 +0530