Upendra Sharma vs The State Of Bihar on 10 January, 2018

                                                                                                     NON-REPORTABLE
                                            IN THE SUPREME COURT OF INDIA
                                           CRIMINAL APPELLATE JURISDICTION


                                           CRIMINAL APPEAL NO.57/2018
                                      (ARISING FROM SLP (C) NO.277 OF 2016)



     UPENDRA SHARMA                                                                               APPELLANT(S)

                                                                   VERSUS

     STATE OF BIHAR  ANR.                                                                         RESPONDENT(S)

                                                        J U D G M E N T

KURIAN, J.

Leave granted.

2. The challenge is against the order dated

27.11.2015 by which the High Court has issued

non-bailable warrants of arrest on the appellant

herein on an application filed by Respondent No.2 for

cancellation of the regular bail granted by the Trial

Court.

3. Going by the procedure under law, we find no

justification for the Court issuing non-bailable

warrant of arrest of the appellant herein on the

application filed by Respondent No.2. The impugned

order is set aside. The appellant may appear before

the High Court and contest the application. The Court

is free to pass orders on the merits of the
Signature Not Verified

Digitally signed by
NARENDRA PRASAD
Date: 2018.01.13
application.

12:42:02 IST
Reason:

4. The appeal is allowed, as above.

1

5. Pending applications, if any, shall stand
disposed of.

6. There shall be no orders as to costs.

…………………..J.

[KURIAN JOSEPH]

…………………..J.

[AMITAVA ROY]
NEW DELHI;

JANUARY 10, 2018

2

Article source: Supreme Court

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