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Madhu Mittal (Director)     25 July 2023

Bailable warrant executed in one case be considered in another cases, when issued in one transaction

Sub : Bailable warrant executed in one case be considered in another cases, when issued in one transaction

Supreme Court of India’s 5 Judges Bench in a case named

In Re Expeditious Trial Of Cases ... vs On 11.10.2020 Which Was ... on 16 April, 2021 held as under:

24. 5) The High Courts are requested to issue practice directions to the Trial Courts to treat service of

summons in one complaint under Section 138 forming part of a transaction, as deemed service in

respect of all the complaints filed before the same court relating to dishonour of cheques issued as

part of the said transaction.

Please guide whether same will be applicable on Bailabale Warrants  also. In our case u/s 138 N I Act against Partnership Firm and its 3 Partners,  5 cases were lodged as there were 5 instalments cheques issued against one loan taken,  summons were sent through Registered AD deemed to be served. Afterwards Bailable Warrants were issued in all 5 cases, against all three Partners.

In one case, all three partners got bail after executing Bailable Warrant upon them.

But in remaining 4 cases, one partner is dodging the Police. So on every hearing, no further proceedings were held , two remain absent with Haziri Maphi and on one  till date, bailable warrant could not be executed.

When the attention of above citation along with another citation of Supreme court Vani Agro Enterprises vs The State Of Gujarat on 5 September, 2019 was brought to the Presiding Officer, she simple looked at them and returned them.

So please guide what is the law 1.whether bailable warrant executed in one case, can not be considered as executed in 4 other case as per above citation .

2. Any other citation or ruling which say valuable time of Court and police should be saved and warrant executed in one case should be considered in other cases also which arose from the same transaction.

3. Any other remedy in addition to that in every case bailable warrant should be executed on all.

With Regards,



Learning

 1 Replies

Real Soul.... (LEGAL)     25 July 2023

If the charges are same and parties are same the court may consider issuing a common order for granting bail in all of the related cases. However it is nether neither any rule nor any compulsion upon court to consider bail in once case for all of the related cases.

The cases of same nature and between the same parties can be consolidated together for the convenience of parties and prosecution too, but bail is a different matter. In each separate case the court will proceed individually until they are not clubbed by a regular order.

It is better to seek bail in other cases too and you may request the court to consider grant of bail on the anomaly of the case where bail already is granted.


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