UPENDRA SHARMA vs. THE STATE OF BIHAR

Full Judgment Text

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.57/2018 (ARISING FROM SLP (Crl) NO.277 OF 2016) UPENDRA SHARMA APPELLANT(S) VERSUS

STATE OF BIHAR & ANR. RESPONDENT(S)

J U D G M E N T

KURIAN, J.
ture Not Verified<br>lly signed by<br>NDRA PRASAD<br>2018.01.17<br>:00 IST<br>on:
	Leave granted.
	2. The challenge is against the order dated<br>27.11.2015 by which the High Court has issued<br>non-bailable warrants of arrest on the appellant<br>herein on an application filed by Respondent No.2 for<br>cancellation of the regular bail granted by the Trial<br>Court.
	3. Going by the procedure under law, we find no<br>justification for the Court issuing non-bailable<br>warrant of arrest of the appellant herein on the<br>application filed by Respondent No.2. The impugned<br>order is set aside. The appellant may appear before<br>the High Court and contest the application. The Court<br>is free to pass orders on the merits of the<br>application.
	4. The appeal is allowed, as above.

	5. Pending applications, if any, shall stand<br>disposed of.
	6. There shall be no orders as to costs.

.......................J.
[KURIAN JOSEPH]


.......................J.
[AMITAVA ROY]
NEW DELHI;
JANUARY 10, 2018