Monday, October 30, 2017

Non Bailable Warrant: Preventive Measure not Ultra Virus

Non Bailable Warrant: Preventive Measure not Ultra Virus

Non Bailable Warrant can be Issued for the Execution of Sentence. The power of magistrate to issue Non Bailable Warrant is further widened in the case of Sharad Jethalal Savla v. State of Gujarat , where the trial Court has committed no error in issuing a non-bailable warrant of arrest having noticed that the accused was not present at the time of pronouncement of the judgment and order of conviction and sentence in view of the provisions of Section 418 (2) of the Cr.P.C. which is a mandatory provision and also trial Court owes a duty to see that the order of sentence is executed, otherwise the accused would conveniently avoid the same.


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