The Orissa High Court has held that a Non-Bailable Warrant (NBW) should not ordinarily be issued against an accused who is on bail, without first resorting to issuance of notice to his bailors and issuing a bailable warrant, if required. The ruling emphasises the primacy of personal liberty in the criminal justice system.
While setting aside an order directing issuance of an NBW, the bench of Justice Gourishankar Satapathy observed: “Liberty of a person cannot be taken away in a casual manner.”
Facts of the Case
The matter arose when a trial court had directly issued a non-bailable warrant against an accused who was already released on bail, apparently for failing to appear before the court on the scheduled date. The accused challenged this order before the Orissa High Court, contending that the issuance of an NBW without taking intermediate steps was disproportionate and violated his right to liberty.
High Court’s Ruling
The Orissa High Court held that when an accused who is on bail fails to appear before the court, the proper procedure is to first issue notice to the bailors informing them of the accused’s non-appearance and calling upon them to produce the accused. If that step fails, the court should then issue a bailable warrant before resorting to a non-bailable warrant.
The Court emphasised that taking away personal liberty is the most serious step in the criminal process and must be preceded by adherence to the proper procedural hierarchy. Issuance of a non-bailable warrant as the first measure is disproportionate and contrary to the principles of natural justice and the protection of personal liberty guaranteed under Article 21 of the Constitution.
Right to Liberty and Procedural Safeguards
The ruling underscores the importance of procedural safeguards in protecting the constitutional right to personal liberty. Article 21 of the Indian Constitution guarantees that no person shall be deprived of his life or personal liberty except according to procedure established by law. Courts have consistently held that this procedure must be fair, just, and reasonable.
Practical Impact
This judgment is significant for criminal practitioners and accused persons alike. It sets out the correct procedural hierarchy that trial courts must follow before issuing non-bailable warrants against accused persons who are on bail, thereby preventing hasty deprivation of liberty.
Court: Orissa High Court | Bench: Justice Gourishankar Satapathy | Source: LiveLaw | June 2026
