A non-bailable warrant becomes unenforceable if the specified date for execution has elapsed.

ORDER

30.05.2025 Order No.

01. 1. This matter is taken up through hybrid mode.

2. This CRLMC has been filed by the petitioners under Section 482 of the Cr.P.C. praying for quashing the order for issuance of NBW/A passed on dated 23.04.2024 against them (petitioners) in S.T. Case No.84 of 2019 arising out of Baisinga P.S. Case No.145 of 2018 pending in the court of learned 1^st Additional District and Sessions Judge, Baripada.

3. Heard from the learned counsel for the petitioners and learned Additional Government Advocate for the State.

4. As per the submissions of the learned counsel for the petitioners, the petitioner no.1(Basantimani Sahoo) was allowed to go on anticipatory bail by this Court vide order dated 14.02.2019 passed in ABLAPL No.13302 of 2018 and the petitioner no.2(Ranjit Kumar Sahoo) was allowed to go on regular bail by the learned 1^st Additional District and Sessions Judge, Baripada.

5. Accordingly, since the date of their release on bail, they (petitioners) were regularly appearing before the trial court, but, for their default in appearance on dated 23.04.2024, NBW/A was issued against them(petitioners) by the learned

1^st Additional District and Sessions Judge, Baripada.

6. When, police tried to arrest them (petitioners) on the strength of above NBW/A, then the petitioners filed this CRLMC praying for quashing such order of NBW/A passed on dated 23.04.2024 in S.T. Case No.84 of 2019 against them(petitioners).

7. The law has already been settled by the Apex Court in in a case between Raghuvansh Dewanchand Bhasin vrs. State of Maharashtra and another : reported in 2012(1) OLR(SC)-5 that, “the court must ensure that, the warrant is directed to a particular Police Officer must be returnable whether executed or unexecuted, on or before the date specified therein.”

8. For which, in view of the principles of law enunciated by the Apex Court in the ratio of the aforesaid decision, a warrant after its specified date for production indicated therein shall not be enforceable/executable under law.

9. When, NBW/A was issued on dated 23.04.2024 in S.T. No.84 of 2019 by the trial court against the petitioners for their production on the date indicated therein and when such specified date indicated in the order for issuance of NBA/A passed on dated 23.04.2024 has already been elapsed, then, such NBW/A issued on dated 23.04.2024 by the learned 1^st Additional District and Sessions Judge, Baripada in S.T. No.84 of 2019 against the petitioners has become unenforceable under law in view of the ratio of the above decision of the Apex Court between Raghuvansh Dewanchand Bhasin vrs. State of Maharashtra and another 10. For which, by taking the above factors into account, it is felt proper to quash the above order for issuance of NBW/A passed on dated 23.04.2024 in S.T. No.84 of 2019 against the petitioners by the learned trial court, because such NBW/A dated 23.04.2024 has become unenforceable under law.

11. Due to the quashing of the NBW/A dated 23.04.2024 issued by the leaned trial court in S.T. No.84 of 2019 against the petitioners, they (petitioners) shall continue with their previous bail in S.T. No.84 of 2019 and they(petitioners) shall remain present personally on each date before the learned trial court in S.T. No.84 of 2019, unless they(petitioners) are allowed by the leaned trial court to be represented through their learned counsel for any reason.

12. Accordingly, this CRLMC is dispose of finally.

13. Urgent certified copy of this order be granted to the petitioners on proper application.