HYDERABAD: An accused in a criminal case, when released on bail during investigation, is bound over to appear in the court after charge sheet/final report is filed or summons served upon him. It is not necessary to bind him to appear on any earlier date or dates.
In one of the cases before trial court, a non-bailable warrant (NBW) was issued against the accused who was on bail in a criminal case registered for offences punishable under Sections 285 (negligent conduct with respect to fire or combustible matter) and 336 (act endangering life or personal safety of others) of IPC and various sections under the Motor Vehicles Act.
Even his application with a plea for recall of the NBW was dismissed as he was not present at the time of hearing of the said application and as he could not explain his non-appearance on the day the NBW was issued. Aggrieved by the order, the accused filed the criminal revision case before the High Court seeking setting aside of the order of trial court.
When the matter came up for hearing before justice M Seetharama Murti, the counsel for the accused-petitioner submitted that his client was enlarged on bail in the above criminal case. “In fact, he is falsely implicated in the crime. As the crime is under investigation, charge sheet/final report has not yet been filed. Despite the said facts, an NBW was issued against him for his non-appearance in the court at the time of hearing. Even the plea for recall of the NBW was dismissed by the trial court,” the counsel pointed out.
The public prosecutor, while not disputing with the core facts, submitted that the order was sustainable under facts and in law and supported the orders of the trial court.Justice Murti found that after the release of the petitioner on bail in the said crime, the case was still under investigation and charge sheet/final report was not filed. As per Rule 30 of the Criminal Rules of Practice and Circular Orders, 1990, when an accused is released on bail during investigation, he shall be bound over to appear in court after the charge sheet is filed and summons are served on him. It is not necessary to bind him to appear on any earlier date or dates, the judge noted.
The judge allowed the revision case, saying that there was merit in the petitioner’s plea. While recalling the NBW issued against the petitioner, the judge directed the trial court to follow the procedure envisaged under law and do the needful at the appropriate stage of the matter, if necessary, for securing the presence of the petitioner, keeping in view the facts and circumstances relevant for consideration at that stage.