Single judge allowed criminal revision to set aside docket order and recall Non-Bailable Warrants issued against the petitioner, directing him to execute a personal bond and appear before the lower court.
Set aside docket order dated 07.11.2015; recalled NBWs contingent on execution of personal bond of Rs.10,000/- with one surety.
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THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.185 OF 2016
ORDER:
This criminal revision case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner/accused seeking to set aside the docket order, dated 07.11.2015 passed in C.C.No.91 of 2015 by the Court of the Additional Judicial First Class Magistrate, Alamuru, whereby the Court below issued Non Bailable Warrants (NBWs) against the petitioner herein.
Heard and perused the material.
Learned counsel for the petitioner submits that the petitioner could not attend before the Court below on 07.11.2015 due to his ill-health. Hence, learned counsel prays this Court to set aside the docket order and recall the NBWs issued against the petitioner herein.
Considering the facts and circumstances, the petitioner/accused is directed to appear before the Court below and file an application for recalling NBWs issued against him on or before 05.02.2016, and on filing of such application, the Court below is directed to recall the NBWs issued against the petitioner/accused on the same day on condition of his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety for the like sum to the satisfaction of the said Magistrate. Further, the petitioner/accused is directed to appear before the Court below on all hearing dates.
The Criminal Revision Case is accordingly disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.
_____________________ JUSTICE RAJA ELANGO
21.01.2016 pln
2 issues framed by the court
Whether to set aside the docket order and recall Non-Bailable Warrants issued against the petitioner.
Whether conditional release on personal bond is appropriate in the facts of the case.
1 provisions across 1 enactments
Petitioner/accused
State
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
