Allahabad High Court
SUKHWANT SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court stayed the execution of the non‑bailable warrant pending the applicant's appearance and bail application, without outright quashing it.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash a non‑bailable warrant (NBW) issued on 16‑07‑2026 in Session Trial No. 1244 of 2026, which arose from Criminal Case No. 364 of 2018 (IPC §§ 420, 448). The applicant contended that he was already on bail and that the NBW was issued without any prior summons or bailable warrant, contrary to established law that NBWs are a last resort. The State opposed the application. The High Court examined the submissions and the record, and directed that the execution of the NBW be kept in abeyance for three weeks or until the applicant appears before the lower court and applies for bail or recall of the warrant. The Court also referred the matter to the jurisprudence of the Supreme Court in three cited cases. Consequently, the application was disposed with a conditional stay, not an outright quash, of the NBW.
Issues considered
- Whether a non‑bailable warrant can be issued without first serving a summons or a bailable warrant when the accused is already on bail.
- Whether the High Court can quash or stay the non‑bailable warrant under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 420, 448
Subjects
- Non‑bailable warrant
- Section 528
- Bail
- Summons
- Criminal Procedure
- Stay of execution
- Indian Penal Code
- Procedural fairness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 30907 of 2026
Sukhwant Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Manoj Pathak, learned counsel for the applicant and Sri Karunakar
Singh, learned A.G.A. for the State are present.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed to quash the order dated 16.07.2026 in
Session Trial No. 1244 of 2026, arising out of Criminal Case No. 364 of
2018, under Sections 420, 448 of I.P.C., Police Station Sungadi, District
Pilibhit, pending in the court of Judicial Magistrate, Pilibhit, whereby
Non Bailable Warrant has been issued against the applicant.
Learned counsel for the applicant submits that the applicant was on bail at
the time of issuing of 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. has opposed the application.
Considering submissions of learned counsel and perusing record, the
instant application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 is finally disposed of with a direction that in case applicant
NA528 No. 30907 of 2026
2
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.
(Sanjay Kumar Pachori,J.)
September 9, 2026
Ishan
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
Checking your session…