Allahabad High Court
SURAJ MAHATOversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court stayed the execution of the non‑bailable warrant for three weeks, directing the applicant to appear and seek bail or recall, without quashing the warrant.
Summary
Suraj Mahato filed an application under Section 528 of the BNSS seeking to quash a non‑bailable warrant (NBW) issued by the Additional Sessions Judge, Ghazipur, despite being on bail at the time. He contended that the warrant was issued without any prior summons or bailable warrant and that the court had not verified service of process. The State opposed the application. The High Court examined the procedural requirements for issuing an NBW and referred to Supreme Court precedents. It held that the execution of the NBW should be stayed for three weeks, during which the applicant may appear and apply for bail or recall of the warrant. The application was disposed of with the stay order, without an outright quash of the warrant.
Issues considered
- Whether a non‑bailable warrant can be issued against a person who is already on bail.
- Whether the issuance of the NBW complied with the procedural requirement of serving summons or a bailable warrant first.
- Whether the High Court should stay the execution of the NBW pending the applicant's appearance.
Legislation cited
- BNSS — s. 528
- Excise Act — s. 60
- Indian Penal Code — s. 272/34, 273/34
Subjects
- non‑bailable warrant
- Section 528
- bail
- summons
- procedural law
- stay of execution
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18724 of 2026
Suraj Mahato
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Kumar Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Pankaj Kumar Rai, learned counsel for the applicant and Sri Abhishek
Kumar, learned A.G.A. for the State are present.
The present application under Section 528 BNSS has been filed to quash
the order dated 10.07.2024 passed by Additional Sessions Judge, Court
No. 3, Ghazipur in Session Trial No. 137 of 2020, arising out of Case
Crime No. 113 of 2019, under Sections 272/34, 273/34 IPC and Section
60 of Excise Act, P. S. Karanda, District Ghazipur, whereby NBW has
been issued against the applicant.
Learned counsel for the applicant submits that the applicant was on bail at
the time of issuing non-bailable warrant. It is further submitted that the
impugned order has been passed without satisfying itself that the summon
and other process for attendance has been served. It is further submitted
that the impugned order has been passed without considering the position
of law. It is settled position of law that N.B.W. should be issued as a last
resort after the litigant fails to respond the notices/summons and bailable
warrant. It is further submitted that non-bailable warrant has been issued
without issuing any summon and bailable warrant.
Learned A.G.A. as well as learned counsel for the opposite party no. 2
have opposed the application.
Considering submissions of learned counsel for the applicants and
perusing record, the instant application is finally disposed of with a
NA528 No. 18724 of 2026
2
direction that in case applicant appears before the court below within
three weeks from today and applies for bail/recall of non bailable warrant,
his application shall be decided in the light of the observations made in
the judgments rendered by the Supreme Court in Satender Kumar Antil
Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773,
Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC
676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC
Online SC 941.
For a period of three weeks from today or till applicant appears before the
court below, whichever is earlier, execution of non bailable warrant
against applicant shall be kept in abeyance.
May 6, 2026
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad
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