Upendra Sharma Vs. State of Bihar & ANR.[SC 2018 JANUARY]

KEYWORDS:- BAIL-Cancellation of the regular bail-

Capture

DATE : JANUARY 10, 2018

High Court can not competent to issue non-bailable warrant in response of cancellation of regular bail granted by the Trial Court.

Upendra Sharma Vs. State of Bihar & ANR.

[Criminal Appeal No.57/2018 arising From SLP (C) No.277 of 2016]

KURIAN, J.

1. Leave granted.

2. The challenge is against the order dated 27.11.2015 by which the High Court has issued non-bailable warrants of arrest on the appellant herein on an application filed by Respondent No.2 for cancellation of the regular bail granted by the Trial Court.

3. Going by the procedure under law, we find no justification for the Court issuing non-bailable warrant of arrest of the appellant herein on the application filed by Respondent No.2. The impugned order is set aside. The appellant may appear before the High Court and contest the application. The Court is free to pass orders on the merits of the application.

4. The appeal is allowed, as above.

5. Pending applications, if any, shall stand disposed of.

6. There shall be no orders as to costs.

[KURIAN JOSEPH]

 [AMITAVA ROY]

NEW DELHI;

JANUARY 10, 2018