The Allahabad High Court has said that it is wrong to issue a non-bailable warrant directly on behalf of the trial court without completing the prior process. The court, while setting aside the order issued by the lower court and the entire process, has directed the lower court to pass a fresh order in the matter.
The court directed the Registrar General of the High Court that the said order should be sent to all the district courts of the state so that the legal system made under the order passed by the Supreme Court in Usha Jain, Satyendra Kumar and many other cases can be followed. Justice Neeraj Tiwari has given this order while hearing the petition of accused Peer Mohammad in the FIR lodged at Kaushambi’s West Shara police station.
In the case, an FIR was lodged against the petitioner under the SC/ST Act including sections 419, 420, 467, 468, 471, 504, 506 of the IPC. When the police filed the charge sheet, the lower court took cognizance of it and issued a non-bailable warrant to the accused. Whereas, the Supreme Court in many of its decisions said that after the filing of the charge sheet, first summons, then bailable and then non-bailable warrants should be issued, but the lower court directly issued non-bailable warrants. This is against the rule. The court canceled the order of the non-bailable warrant on behalf of the lower court and ordered the order to be passed by completing the process afresh.
Murder accused got bail
The Allahabad High Court has granted bail to Chandramohan, an accused in the murder incident that took place eight years ago in Tappal police station of Aligarh. He has been directed to release him on personal bond and two securities. This order was given by the division bench of Justice Ashwani Kumar Mishra and Justice Shiv Shankar Prasad while hearing the appeal of Chandramohan.
In the case, the Sessions Court has sentenced the petitioner to life imprisonment. The petitioner had filed an application for his bail challenging the decision of the Sessions Court. The court, while staying the decision of the lower court, has directed to be released on bail. The petitioner is alleged to have burnt a person’s car along with brutally killing him.
Expansion
The Allahabad High Court has said that it is wrong to issue a non-bailable warrant directly on behalf of the trial court without completing the prior process. The court, while setting aside the order issued by the lower court and the entire process, has directed the lower court to pass a fresh order in the matter.
The court directed the Registrar General of the High Court that the said order should be sent to all the district courts of the state so that the legal system made under the order passed by the Supreme Court in Usha Jain, Satyendra Kumar and many other cases can be followed. Justice Neeraj Tiwari has given this order while hearing the petition of accused Peer Mohammad in the FIR lodged at Kaushambi’s West Shara police station.
In the case, an FIR was lodged against the petitioner under the SC/ST Act including sections 419, 420, 467, 468, 471, 504, 506 of the IPC. When the police filed the charge sheet, the lower court took cognizance of it and issued a non-bailable warrant to the accused. Whereas, the Supreme Court in many of its decisions said that after the filing of the charge sheet, first summons, then bailable and then non-bailable warrants should be issued, but the lower court directly issued non-bailable warrants. This is against the rule. The court canceled the order of the non-bailable warrant on behalf of the lower court and ordered the order to be passed by completing the process afresh.
Ritika
