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Bailable warrant against a witness in Criminal Trial

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The very phrase indicated that it is a bailable warrant and the same should be executed on the witness and the witness should offer bail and if the witness refuses to offer bail, he should be arrested and produced before the Court.

“11. It is also necessary to make a mention that bailable warrant has been issued in pursuance of the order dated 27-9-2003 and the warrant had been returned with an endorsement that the witness had refused the process. From this, it is clear that the serving authorities are not bothered about the seriousness and sanctity attached to the warrant. The very phrase indicated that it is a bailable warrant and the same should be executed on the witness and the witness should offer bail and if the witness refuses to offer bail, he should be arrested and produced before the Court. In the case on hand, the serving authority have not bothered to see that the bailable warrant is executed in the manner it is required to be done and the learned Sessions Judge also did not feel in proper to call for report or explanation from the Station House Officer concerned.”

“It is also necessary to mention that the matter had been posted to 31-10-2003 and non-bailable warrant to the said Dr. Krishnappa had returned unexecuted. Even on this date, the learned Sessions Judge did not call for a report or explanation from the Station House Officer for non-execution of the non-bailable warrant and also did not report the matter to the higher ups in the Police Department requiring action to be taken against the concerned. The learned Sessions Judge had closed the side, particularly, on the ground that the case is an old case and the case had been pending at that stage from 5-7-2003. From this, it is clear that the learned Sessions Judge had closed the side of the accused without affording full opportunity to the accused to put forth his defence. It is elementary principle of law that the Court of law should provide full and fair opportunity to both sides to prove of the contentions raised and this exercise should be done within four corners of the law. In the case on hand, patently, the accused had been facing trial in respect of the offence including the offence of murder and the presence of Dr. Krishnappa was not secured by the Court, for no fault on the part of the accused and patently, the learned Sessions Judge had not passed order for issue of process following the provisions of Section 66 of the Cr. P.C”[Karnataka High Court  in Smt. Mallamma vs State By Chamarajpet Police, dated 7 November, 2003 Equivalent citations: 2004 (1) KarLJ 606]

Connected :

  • Non-bailable warrant issued against hostile witness
  • bailable warrant against witness
  • issue bw/nbw means
  • recall of non bailable warrant
  • non bailable warrant under section 138
  • presence of accused is not required for cancellation of non bailable warrant

 

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