Published on: December 15, 2023 at 11:20 IST
Court: High Court of Delhi
Citation: Fahim V. State (2023)
Honourable High Court of Delhi has issued guidelines for the District Judiciary Criminal Courts for issuance of the Non Bailable Warrants against the accused. It is held that the Criminal Courts should not issue Non Bailable Warrants in mechanical manner with reasons for the same being recorded in writing. It is held that an application for cancellation of NBWs due to non-appearance should expeditiously.
- The Trial Courts should not issue NBWs against a person on first call in the pre-lunch hours of the Court, except when there are genuine apprehensions that the person would abscond if not taken into custody. Such coercive steps should be taken only post 12:30 PM.
- In situations where warrants, either bailable or non-bailable, are issued and the person appears before the Court during the course of the Court hours, the Courts should assess if the reason of non-appearance of the person was reasonable and if warranted, costs may be imposed.
- If the person is present through his authorized Advocate, warrants for appearance of the person should be issued only in exceptional circumstances, with reasons for the same being recorded in writing, especially where an application seeking exemption from personal appearance has been filed on behalf of the person.
- If an application for cancellation of NBWs due to non-appearance of the parties is filed shortly after the issuance of NBWs, the Trial Court should expeditiously consider the said application.
Drafted By Abhijit Mishra