Haji KHUDAN vs THE STATE
This criminal bail application arises from the cancellation of the applicant's pre-arrest bail by the trial court due to his absence on a scheduled hearing date, which resulted in the issuance of non-bailable warrants. The core legal question concerns whether the applicant should be granted an opportunity to surrender and seek fresh bail by suspending the outstanding non-bailable warrants. The court, noting the consent of the Assistant Advocate-General, held that the non-bailable warrants issued against the applicant shall remain suspended for a period of two weeks. The ratio of this decision establishes that where an accused person fails to appear due to the issuance of coercive processes, the court may, in the interest of justice and with the consent of the prosecution, suspend such warrants for a limited duration to allow the accused to surrender and seek appropriate relief before the trial court. This approach balances the necessity of ensuring the accused's presence with the procedural fairness of allowing an opportunity to explain absence and seek bail.
- Can non-bailable warrants be suspended to allow an accused to surrender and seek bail?
- Is the consent of the prosecution a relevant factor in the suspension of non-bailable warrants?
ORDER
1. Granted.
2. Heard the learned counsel for the parties.
It appears that in Crime No,86 of 1998, Police Station Kamber, the applicant was granted interim pre-arrest bail in the sum of Rs,30,000 vide order, dated 29-5-1998 and subsequently by order, dated 12-8-1998, the same was confirmed. On 23-8-2000, the applicant was called absent before the trial Court and consequently his bail was cancelled and non-bailable warrants were issued against him.
' Learned counsel for the applicant submits that due to the issuance of N.B.Ws. By the trial Court vide order, dated 23-8-2000, the applicant could not appear before the trial Court to explain the reason for his absence on the relevant date viz. 23-8-2000 and in such circumstances if the N.B.Ws.
Issued by the trial Court are suspended, the applicant will surrender before the trial Court and will submit his application for grant of bail.
' To the above suggestion, the learned Assistant Advocate-General has raised no objection.
' By consent this Criminal Bail Application No,389 of 2000 is disposed of in the terms that non- bailable warrants issued against the applicant Haji Khudan Magsi son of Ghulam Muhammad in Sessions Case No,223 of 1998 shall remain suspended for a period of two weeks from today, in the meantime the applicant shall appear before the trial Court for appropriate relief in the matter.