Recall of Non-Bailable Warrant — Absence of accused — Grant of opportunity Paras 1, 3–4 Petitioner/accused, an Advocate, was absent before Trial Court on 28.04.2026, resulting in issuance of NBW. Case was pending for about six years. Held, High Court in exercise of inherent powers may recall NBW where absence is not shown to be deliberate and one more opportunity would serve ends of justice.

advocatemmmohan

AP HIGH COURT 

Criminal Procedure — Section 482 Cr.P.C./Section 528 BNSS — Recall of Non-Bailable Warrant — Absence of accused — Grant of opportunity

Paras 1, 3–4

• Petitioner/accused, an Advocate, was absent before Trial Court on 28.04.2026, resulting in issuance of NBW.
• Case was pending for about six years.
• Held, High Court in exercise of inherent powers may recall NBW where absence is not shown to be deliberate and one more opportunity would serve ends of justice.

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Criminal Proceedings — Non-Bailable Warrant — Judicial discretion — Conditional recall

Para 4

• NBW issued by Magistrate recalled.
• Relief granted subject to condition that petitioner shall appear on next date of hearing (08.05.2026) without fail.
• Court balanced coercive process with fairness in trial.

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Fair Trial — Opportunity to accused — Preference over technical default

Paras 3–4

• Considering long pendency of trial and nature of default (single absence),
• Court held that denial of opportunity would be disproportionate, and procedural justice requires permitting participation in trial.

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RATIO DECIDENDI

Para 4

Where a Non-Bailable Warrant is issued due to absence of the accused, the High Court may, in exercise of inherent jurisdiction, recall the warrant if the facts indicate that granting an opportunity would better serve the ends of justice, subject to conditions ensuring appearance.