Response

Since the court has issued a bailable warrant against the accused for not appearing before court on a previous date of hearing, they are duly required to appear in person before the court, file a petition under Section 70(2) Code of Criminal Procedure, 1973 (CrPC), and get the warrant recalled by complying with further formalities.

Bailable warrants means if the accused appears before the court on the mentioned date, the court will recall his order and cancel the warrants and will not take them into custody .

In case the accused does not appear on the date, the bailable warrants will be then converted in to non-bailable, and in that case they may very well be arrested by the police or the court will take you in to legal custody .

The accused just has to appear before the court on mentioned date and move an application for cancellation of bailable warrants.

Regarding the procedure and steps for issuance of non-bailable warrants, reference shall be made to Sections 70 to 81 of the Cr. P.C. To understand this process reference has to be made to Chapter VI of the Cr.P.C.

It is well settled principle that the Court normally issues summons and does not issue non-bailable warrant simultaneously but it can do so if it has a reason to believe that the accused has absconded and/or will not obey the summons but Non_bailable warrant should be issued to bring a person to court when summons or bailable warrants would be unlikely to have the desired result . In the instances where accused has been granted Bail and has not appeared before the court can be well considered as a sufficient reason to believe that the accused will not obey summons/ Bailable warrant. This is the general procedure that has to be followed but if court finds it necessary in some circumstances to issue a Non Bailable warrant it may do so. If an accused is not appearing before the Court, then it can be used as a coercive and deterrent power.

Reference:

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LAWAYZ-2023-650