Court Upholds the Principle of Liberty, Citing Lack of Compelling Reasons for Issuance of NBW
In a significant ruling, the Orissa High Court has quashed the non-bailable warrant (NBW) issued against Trinath Guru by the Judicial Magistrate First Class (JMFC) of Lakhanpur. The decision, rendered by Justice G. Satapathy, emphasizes the sanctity of personal liberty and the necessity of adhering to prescribed legal procedures before depriving an individual of their freedom.
The case, titled Trinath Guru v. State of Orissa, revolved around the issuance of an NBW against the petitioner, Trinath Guru, after he failed to appear in court on a scheduled date. The court observed that the impugned order lacked the requisite compelling reasons to justify the issuance of such a warrant, thereby violating the principles enshrined in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The court noted that Section 355 of the BNSS grants discretion to magistrates to waive the personal attendance of an accused during inquiries or trials. It further emphasized that the issuance of a non-bailable warrant is not obligatory even if the accused is absent on a fixed date. The court criticized the JMFC's decision to bypass procedural steps, such as issuing notices to bailers or a bailable warrant, before resorting to an NBW.
Justice Satapathy highlighted that the accused was already on bail, which had been granted on December 23, 2025. The court underscored that bail, once granted, should remain in effect until it is either canceled or set aside. The impugned order, according to the court, failed to provide a valid rationale for the NBW and did not adhere to the procedural safeguards required by law.
The judgment also pointed out the absence of any evidence suggesting that notice had been issued to the bailers, which further weakened the justification for the NBW. The court emphasized that personal liberty should not be compromised without due process, as unwarranted custody can result in significant harassment and inconvenience.
In conclusion, the Orissa High Court quashed the impugned order dated May 6, 2026, allowing Trinath Guru to continue his previous bail. The court directed the petitioner to regularize the proceedings by appearing before the trial court on the next scheduled date. This ruling reinforces the judiciary's commitment to upholding individual freedoms and ensuring that legal procedures are meticulously followed.
Bottom line:-
Issuance of Non-Bailable Warrants (NBW) against an accused without compelling reasons violates the principle of liberty and prescribed legal procedures.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 355, 482(3)
Trinath Guru v. State of Orissa, (Orissa) : Law Finder Doc id # 2920219
