The court emphasized the procedural rights of the accused, allowing for recall of warrants under specific circumstances while ensuring the accused's opportunity to seek bail.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 and 397/401 - Application for recalling/modifying orders - The petitioner sought to recall non-bailable warrant and processes against him due to illness and lack of communication regarding case status - Court directed the petitioner to appear before the trial court within 15 days and kept the NBWA and P/A in abeyance until appearance. (Para 4)

(B) Criminal Procedure - The court emphasized the importance of the accused's presence in the trial and the opportunity for seeking bail in accordance with law. (Para 5)

Facts of the case:
The petitioner, an Accredited Engineer, failed to appear in court due to illness and transfer, leading to the issuance of a non-bailable warrant and processes against him. (Para 3)

Findings of Court:
The court allowed the petitioner to appear before the trial court and kept the issued warrants in abeyance until his appearance. (Para 4)

Issues: The main issue was whether the non-bailable warrant and processes against the petitioner should be recalled given his circumstances. (Para 3)

Ratio Decidendi: The court held that the petitioner should be given an opportunity to appear and seek bail, emphasizing the procedural rights of the accused. (Para 5)

Result: The criminal petition stands disposed of.

ORDER

Date : 22.10.2024 Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Mr. J. Islam, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State.

This application has been preferred under Section 482 Cr.P.C . r/w Section 397 /401 of the said Code, praying for recalling/modifying the impugned orders dated 11.06.2024 and 08.07.2024 issuing NBWA and 09.08.2024 and 17.09.2024 issuing P/A against the petitioner in connection with G.R. Case No. 1535/2017 passed by the learned JMFC(I), Karimganj, Assam.

It is submitted by the learned Senior counsel for the petitioner that the petitioner is an Accredited Engineer at Udharbond Dev Block, Dist. Cachar, Assam. It is also submitted that during proceeding of the case, summon was served to the petitioner and due to physical illness, the engaged counsel took step(s) showing cause of his absence. In the meantime, the petitioner was transferred to another place for which the engaged lawyer failed to inform the status of the case to the petitioner. Thereafter, the petitioner could not appear before the learned trial court on fixed dates as a result of which, the learned trial court issued NBWA and P/A against the petitioner. Under such backdrop, the learned counsel for the petitioner has prayed that the warrant of arrest and P/A be recalled.

On the other hand, Mr. Parasar, learned Additional Public Prosecutor has submitted that the petitioner may approach before the learned trial court seeking regular bail.

I have considered the submissions made by the learned counsel for the parties.

In view of the above, the petitioner is directed to appear before the trial court within 15(fifteen) days from today and in the event of filing any bail application, the same will be considered in accordance with law. Till such appearance of the petitioner before the trial court, the NBWA and P/A issued against him, be kept in abeyance.

The criminal petition stands disposed of.

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2024 Supreme(Online)(GAU) 12109

HIGH COURT OF GAUHATIMalasri Nandi, JPARVEZ AHMED BARBHUIYA – AppellantVersusTHE STATE OF ASSAM – RespondentCrl.Pet. / 1280 / 2024

The court emphasized the procedural rights of the accused, allowing for recall of warrants under specific circumstances while ensuring the accused's opportunity to seek bail.

HIGH COURT OF GAUHATI
Malasri Nandi, J
PARVEZ AHMED BARBHUIYA – Appellant
Versus
THE STATE OF ASSAM – Respondent
Crl.Pet. / 1280 / 2024