1. Issuance of non-bailable warrants after charge-sheet filing where accused cooperated through counsel but did not appear personally. (Para 2 )
Back
Next 
2023 Supreme(SC) 109
SUPREME COURT OF INDIA
SANJAY KISHAN KAUL, MANOJ MISRA, JJ.
Chandmal @ Chandanmal - Appellant
Versus
The State of Madhya Pradesh & Anr. - Respondents
Criminal Appeal No. 359 of 2023 [@ SLP [Crl.] No. 1912 of 2022] With Criminal Appeal No. 360 of 2023 [@ SLP(Crl) No. 3112 of 2022]
Decided On : 07-02-2023
Important Points
IMPORTANT POINT
Issuance of non-bailable warrants – Virtual method of appearing before Court is an alternative method of appearance now which is to be followed by different Courts.
Issuance of non-bailable warrants – Virtual method of appearing before Court is an alternative method of appearance now which is to be followed by different Courts.
Subject
Criminal Law - Bail and Non-Bailable Warrants
Headnote
Criminal Procedure Code, 1973 – Section 70 – Issuance of non-bailable warrants – Appellants are aged persons in their 70s and alleged offences have a maximum punishment up to seven years, despite they have been called upon to surrender in Court concerned – Court would normally expect that even in District Courts, in Covid period, arrangements would have been made for virtual hearing – It is not as if virtual method of appearing before Court has to be abandoned as this is an alternative method of appearance now which is to be followed by different Courts – Appellants can always connect virtually for proceedings looking to their age – Impugned orders set aside. (Paras 6 to 9)
Facts of the case:
Point in issue is whether on the charge-sheet having been filed and during that period the appellants having cooperated but not having appeared before the Court personally but through a counsel, the action of the trial Court to issue non-bailable warrants is something which can be sustained.
Findings of Court:
We are not also be able to appreciate the impugned order dated 24.01.2022 passed by the High Court calling upon the appellants, despite recognizing the fact that they are aged persons in their 70s and the alleged offences has a maximum punishment up to seven years, they have been called upon to surrender in the Court concerned.
Result : Appeals allowed.
Legal Category Hierarchy
Advocates Appeared:
For the Petitioner: Mr. Divyakant Lahoti, AOR, Ms. Vindhya Mehra, Adv., Mr. Parikshit Ahuja, Adv., Ms. Praveena Bisht, Adv., Ms. Madhur Jhavar, Adv., Mr. Kartik Lahoti, Adv., Ms. Garima Verma, Adv., Mr. Rahul Maheshwari, Adv.
For the Respondent: Mr. Yashraj Singh Bundela, Adv., Mr. Pashupathi Nath Razdan, AOR, Mr. Ankit Mishra, Adv., Ms. Ayushi Mittal, Adv.
For the Petitioner: Mr. Divyakant Lahoti, AOR, Ms. Vindhya Mehra, Adv., Mr. Parikshit Ahuja, Adv., Ms. Praveena Bisht, Adv., Ms. Madhur Jhavar, Adv., Mr. Kartik Lahoti, Adv., Ms. Garima Verma, Adv., Mr. Rahul Maheshwari, Adv.
For the Respondent: Mr. Yashraj Singh Bundela, Adv., Mr. Pashupathi Nath Razdan, AOR, Mr. Ankit Mishra, Adv., Ms. Ayushi Mittal, Adv.
Table of Contents
2. Bail should be granted as a matter of course following the filing of the charge-sheet and completion of investigation. (Para 3 , 4 )
3. Trial courts must adhere to established bail mandates; virtual appearances are a viable alternative, particularly for elderly persons. (Para 5 , 6 , 7 , 8 )
4. Non-bailable warrants are unsustainable when charge-sheets are filed and accused cooperate; virtual appearance is a valid alternative for elderly persons. (Para 5 , 7 )
5. Impugned orders set aside and appeals allowed. (Para 9 , 10 )
6. Is the issuance of non-bailable warrants sustainable after a charge-sheet is filed if the accused cooperates through counsel?
No, the court indicated that such actions are unsustainable, emphasizing that trial courts must follow established mandates regarding bail once a charge-sheet has been filed. (Para 2 , 5 )
7. Can virtual appearance be used as an alternative to personal appearance in court?
Yes, virtual hearing is an alternative method of appearance that should be followed by courts, especially for elderly persons who may face difficulty appearing personally. (Para 7 , 8 )
8. Should courts consider the age of the accused and the maximum punishment of the offence when ordering surrender?
Yes, the court found it inappropriate to require elderly persons in their 70s to surrender for offences carrying a maximum punishment of up to seven years. (Para 6 )
ORDER :
1. Leave granted.
2. The issue before us is whether on the charge-sheet having been filed and during that period the appellants having cooperated but not having appeared before the Court personally but through a counsel, the action of the trial Court to issue non-bailable warrants is something which can be sustained.
3. Learned counsel for the appellants urged on 09.02.2022 as he urges today that the bail ought to have been granted as a matter of course in view of the judgment of this Court in Siddharth v. State of Uttar Pradesh & Anr. – (2022) 1 SCC 676. We issued notice and granted interim protection.
4. Learned counsel for the State does not dispute that no further investigation is required in this matter.
5. We may note that even the mandate subsequently incorporated in Satender Kumar Antil v. Central Bureau of Investigation & Anr. – (2021) 10 SCC 773 has been violated. We fail to understand why despite these judgments having been circulated, some of the trial Courts are conducting and passing the orders in the teeth of these judgments. It is a matter of concern that these cases thus, keep on coming up to the apex Court unnecessarily.
6. We are not also be able to appreciate the impugned order dated 24.01.2022 passed by the High Court calling upon the appellants, despite recognizing the fact that they are aged persons in their 70s and the alleged offences has a maximum punishment up to seven years, they have been called upon to surrender in the Court concerned.
7. We would normally expect that even in the District Courts, in the Covid period, arrangements would have been made for virtual hearing. It is not as if the virtual method of appearing before the Court has to be abandoned as this is an alternative method of appearance now which is to be followed by different Courts.
8. Thus, the appellants can always connect virtually for the proceedings looking to their age.
9. The impugned orders are set aside.
10. The appeals accordingly stand allowed leaving parties to bear their own costs.
