Response

you can appear before court and make application for cancellation of Non bailable warrant and please mention reason why you not appear before court then court will cancel NBW and can impose cost upon you and giving an undertaking that you will remain present in future.

In view of section 70(2) of Cr. P.C., a warrant of arrest remains in force unless is cancelled by the Court which issued it or until it is executed. The order of issuance of non-bailable warrant or order of proclamation undoubtedly can be challenged before the High Court and it can be cancelled if found illegal under S. 482 of the Cr. P.C. or under writ jurisdiction.

It is necessary for the High Court to ascertain the legality of the order passed by the learned Magistrate on the basis of the law as well as the facts of each case. The order can be challenged under section 482 of Cr. P.C. The Magistrate has passed an order of arrest of the accused under section 70 of Cr. P.C. which comes under Chapter VI i.e. ÔProcesses To Compel AppearanceÕ.

The present application is not filed under section 482 of Cr. P.C. which confers inherent power to the High Court to pass directory orders to give effect to any order under this Code and also to prevent abuse of the process of any Court and also to secure the ends of justice. Therefore, the Application is not maintainable and hence rejected.

If a person is arrested in the bailable offence, then he has the right to be released on bail by giving surety either before the police or before the learned Magistrate.

When a person is arrested in non-bailable offence, then it is a discretion of a Court depending on the gravity of a matter to grant bail or not.

Therefore, Section 438 provides a special provision to protect liberty against the arrest in non-bailable offence and get pre-arrest bail.

Reference: section 70(2), 482, 438 of Code of criminal procedure

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