A court may exercise its discretion to cancel a non-bailable warrant if the accused provides an undertaking to remain present for all future trial dates, provided that potential judicial delays are addressed through the imposition of costs.

ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of notice of rule on behalf of respondent-State.

2. This petition under Article 226 of the Constitution of India has been preferred with the prayer to convert the non-bailable warrant dated 11.12.2025 issued under Section 70 of the Code of Criminal Procedure into a bailable warrant. The petitioner challenges the warrant issued against him in Criminal Case No. 779 of 2025.

3. Without entering into the merits of the case, which are not relevant for the purpose of deciding the present petition, learned advocate Mr. Maulik Soni would submit that the petitioner is aged 40 years and is engaged in the business of trading onions, potatoes and garlice under the name and style of Jeet Trading Company. Other two FIRs are also lodged against him, and he was pursuing his legal remedy, and therefore he could not remain present before the concerned trial court on the dates so fixed.

4. Per contra, learned APP Mr. Rohan H. Raval would submit that, in view of the submissions made by the learned advocate for the petitioner during the arguments, the petitioner is ready and willing to file an undertaking before the learned trial Court. He would further submit that the complaint is private in nature; however, some costs as well as condition may be imposed so that the trial may be conducted without any delay. Considering the same, appropriate orders may be passed.

5. Having heard learned advocates for the respective parties and having perused the averments made in the petition and the documents made available along with the petition, it appears that a non-bailable warrant was issued against the present petitioner due to his successive absence. Though learned advocate for the petitioner has fairly submitted that two other FIRs were lodged against him during this period, be that as it may, in the interest of justice, the petitioner is directed to file an undertaking before the trial Court to the effect that he would remain present on every date of hearing unless exempted by the trial Court, and in view of the same, the following order is passed:

i) The non-bailable warrant issued under Section 70 Cr.P.C. against the present petitioner dated 11.12.2025 is cancelled on condition of depositing costs of ₹5,000 before the trial Court. The petitioner shall remain present before the concerned Court on 6th July, 2026 and shall also undertaking on the same day.

6. In view of above, the present petition is partly allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.

Direct service is permitted.