P&H: Sets Aside Bail Cancellation, Says Non-Bailable Warrants Cannot Be Issued Mechanically

(i) Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 21, 27-A, 61 and 85 -- Quashing of order cancelling bail and issuing non-bailable warrants - Impugned order cancelling petitioner's bail and directing his summoning through non-bailable warrants was...

(ii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Bail - Object of cancellation and forfeiture of bail bonds -  Prime object of cancellation of bail and forfeiture of bail bonds is to secure presence of the accused - Where accused comes forward to face trial,...

(iii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Non-bailable warrants - Non-bailable warrants must not be issued in a mechanical manner - Such stringent course is to be adopted sparingly and only upon recording cogent reasons reflecting necessity. (Para 7)

(iv) Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 -- Bail - Non-appearance before trial Court - In absence of misconduct, lack of bona fides or deliberate attempt to evade proceedings, cancellation of bail amounts to an unjustifiable restriction on procedural rights of the accused. (Para 7)