A single judge bench of the Gujarat High Court comprising of Justice Sandeep N. Bhatt converted the non-bailable warrant issued against the petitioner to a bailable warrant.
Facts
The present petition was filed before the High Court challenging the issuance of non-bailable warrant against the Petitioner by 14th Additional Sessions Judge, Gondal in a case concerning provisions of Indian Penal Code and the Damages to Public Properties Act.
Observations
The court acknowledged and reiterated that non-bailable warrant should normally not to be issued if presence of the accused could be secured. The order could be issued when the person will not voluntarily appear in Court or police authorities are unable to find the person to serve him with a summon. The Court should avoid issuance of non-bailable warrant in the first instance to secure presence of the accused and it should be applied as a last resort.
Decision
The court converted the non-bailable warrant issued by the Additional Session Judge into a bailable warrant on conditions of personal bond, surety, and some other conditions.
Case: Mahesbhai Chanabhai Khut (Patel) v State of Gujarat
Citation: R/ Criminal Misc. Application No. 20120 of 2022
Date: 01.11.2022
Coram: Justice Sandeep N. Bhatt
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