Refrain from Issuance of NON BAILABLE WARRANTS at First Instance

The Hon'ble High Court of Madhya Pradesh has advised Trial Courts to NOT to issue Non Bailable warrants in a routine and mechanical manner. The Hon'ble High Court asked the trial courts to try to secure the presence  of the  accused on the next date by way of bailable warrant in the first instance. As per the provisions of 70(2) of CrPC the Courts have the power vested in them to recall the warrant of arrest and the same can be exercised suo moto. Personal appearance of the accused in not mandated under the provisions and the same can be decided in his absence by deciding it one way or the other. The power should not be used in such a manner so as to result in hardship to the person so sought to be produced way of Non bailable warrant. The usage in that way would hamper the interest of Justice. Although the Court of other states are not inclined to follow the advise of the High Court of Madhya Pradesh but if the same is followed then the Interpretation of LAW would be more towards Spirit of the Law i.e. more emphasis shall be on the actual logic behind the creation pf the Law and thus it will lead to better understanding of the Law. The order of the Hon'ble High Court of Madhya pradesh is mandatorily to be followed by the trial courts and thus it will help in serving the Interest of Justice. The provisions of LAW are meant to be taken more than in letters and towards the Spirit of LAW i.e what actually the LAW wants to say and this action is in conformity with the same. If followed by other states citing the reference of the same then it shall lead to better serving of Justice and would lead to saving of time as well as because the High court of Other states do not have to pass the same order so that the trial courts are bound to follow.