A bail petitioner in default of an N.B.W. was directed to appear before the trial court and be released on bail to expedite the trial, recalling the N.B.W. order, citing the Hussain judgment on speedy trials.
The petitioner was directed to appear before the trial court and be released on bail; the N.B.W. order was recalled and the trial was to be expedited.
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CRLMC No.3410 of 2018
Heard learned counsel for the petitioner and the learned Additional Standing Counsel.
It is submitted that the petitioner was released on bail on 21.10.2014 and for his default order of N.B.W. was issued on 26.12.2016.
In order to ensure speedy trial in this year old case in the light of Hussain judgment, i.e., Hussain & Anr. v. Union of India reported in 2017 (5) SCC-702, t he petitioner is directed to appear before the learned J.M.F.C., Kodala, in G.R. Case No.88 of 2013 within fifteen days from today and the trial Court shall release the petitioner on bail on such terms and conditions as deemed just and proper by him. Thereafter, N.B.W. order shall be recalled and the trial is to be expedited.
Accordingly the CRLMC is disposed of.
………………………….
Dr.A.K.Mishra, J.
pks
2
3 issues framed by the court
Whether the petitioner, released on bail but in default of N.B.W. order, should be directed to appear before the trial court and be released on bail fresh to expedite trial.
Whether the notice of Bailable Warrant (N.B.W.) issued due to bail default should be recalled in light of the Hussain judgment for speedy trial.
Whether the impugned orders under CRLMC should be reversed to direct the trial court to expeditiously conclude the trial.
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Hussain & Anr. v. Union of IndiaExplained¶5
2017 (5) SCC 702 · Who else cites this
1 provisions across 1 enactments
Petitioner
Dr.A.K.Mishra
As recorded by the court registry
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