Non-bailable warrant remains in abeyance until the applicant appears and surrenders before the trial court.

The applicant sought to quash the charge-sheet, cognizance/summoning order dated 23 November 2023, and subsequent warrants in a criminal case alleging offences under Sections 323, 332, 353 and 504 IPC.

The allegations were that he abused, assaulted and obstructed the complainant while the complainant was performing official duties at the Election Office in Tehsil Roorkee.

After the applicant failed to appear before the trial court, a bailable warrant and then a non-bailable warrant were issued.

During the High Court hearing, the applicant undertook to appear and surrender before the trial court and sought time to do so, with the non-bailable warrant kept in abeyance in the meantime.

The State did not oppose that request

The Court referred to the alleged offences under Sections 323, 332, 353 and 504 IPC, but did not determine their merits or set out a substantive interpretation of those provisions

It applied the procedural approach that a bail application, if filed before the competent court, is to be considered and decided expeditiously, in accordance with law and on its own merits; interim protection from an arrest warrant may be made conditional on compliance with the applicant’s undertaking to appear.

No precedent was cited

In view of the applicant’s undertaking to surrender within the stipulated period, and the State’s lack of opposition, the Court granted limited time for the applicant to appear and seek bail before the trial court.

It kept the non-bailable warrant in abeyance only until the appearance deadline and made that protection conditional on compliance.

The Court clarified that its order expressed no view on the merits and did not direct that bail be granted.

If the applicant failed to appear, the protection would cease and the trial court could proceed in accordance with law.