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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Vijay Kumar Patodia – Appellant
Versus
Republic of India – Respondent
| Table of Content |
|---|
| 1. challenge to non-bailable warrant issuance (Para 1 , 2) |
| 2. arguments on warrant issuance legality (Para 4 , 5) |
| 3. conditions for issuing non-bailable warrants (Para 6 , 7 , 8) |
| 4. crlmc allowed; nbw quashed (Para 9 , 10) |
JUDGMENT :
1. The petitioner, in the present application under Section 482 of Cr.P.C. seeks to challenge the order dated 16.01.2020 passed by learned Special CJM, (CBI), Bhubaneswar in S.P.E. No. 2 of 2020 whereby non bailable warrant was issued against him and the co-accused persons.
3. Heard Mr. Ashutosh Mishra, learned counsel for the petitioner and Mr. Sarthak Nayak, learned counsel for the CBI.
5. Mr. Sarthak Nayak, on the other hand submits that the court is empowered to either issue non-bailable or bailable warrant depending on the facts of the case. In the instant case, taking note of the seriousness of the offences involved, the court below thought it fit to issue NBW. According to Mr. Nayak there is nothing wrong in such order.
“26. xxx xxx xxx xxx ii) In case the Court or Magistrate exercises the discretion of issuing warrant of arrest at any stage including the stage while taking cognizance of the charge-sheet, he or it shall have to record
Court must record reasons for issuing non-bailable warrant; summons should be issued first unless evidence shows the accused is absconding or non-compliant.
The issuance of non-bailable warrants must be based on careful consideration of individual liberty and reliable evidence of evasion, with the court required to record reasons before proceeding with s....
Non-bailable warrants cannot be issued in a routine manner; courts must ensure specific, reasoned justification for their necessity to protect individual liberties.
Non-bailable warrants must not be issued routinely and require specific judicial justification to protect individual liberties as mandated by Article 21.
Non-bailable warrants cannot be issued routinely; courts must provide adequate reasoning and evidence to justify such action, ensuring individual liberty is not curtailed without necessity.
A Magistrate must issue summons before a Non-Bailable Warrant, and NBWs cannot be issued without judicial reasoning; mechanical issuance violates procedural law.
Non-bailable warrants should not be issued routinely and must be justified with specific reasons, emphasizing the balance between individual rights and public interest.
Non-bailable warrants cannot be issued in a routine manner and must be supported by specific reasons to protect individual liberties under Articles 21 and 22 of the Constitution.
Issuance of Non-Bailable Warrants requires specific justifications and must not occur routinely; individual liberty should be prioritized unless necessitated by compelling circumstances.
Non-bailable warrants should not be issued mechanically; courts must exercise careful scrutiny and ensure that sufficient grounds exist for their issuance to protect personal liberty.
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