Supreme CourtDivision Bench

Upendra Sharma vs State of Bihar & Anr.

Supreme Court Of India · Decided on 10 January 2018 · Citation: (2018) 2 SCC 742 : (2018) 1 JT 312 : (2018) 1 Scale 302 : (2018) 3 RCR(Criminal) 294 : (2018) 1 SCC(Cri) 739

HON’BLE JUDGES
Kurian Joseph, Amitava Roy
RESULT
Disposed Off
CASE NUMBER
Criminal Appeal No 57 of 2018 (Arising From SLP (Crl) No 277 of 2016)

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Judgment

9 paragraphs · 131 words
1.

Leave granted.

2.

The challenge is against the order dated 27.11.2015 by which the High Court has issued non-bailable warrants of arrest on the appellant herein

on an application filed by Respondent No.2 for cancellation of the regular bail granted by the Trial Court.

3.

Going by the procedure under law, we find no justification for the Court issuing non-bailable warrant of arrest of the appellant herein on the

application filed by Respondent No.2. The impugned order is set aside. The appellant may appear before the High Court and contest the

application. The Court is free to pass orders on the merits of the application.

4.

The appeal is allowed, as above.

5.

Pending applications, if any, shall stand disposed of.

6.

There shall be no orders as to costs.