Cancellation of non-bailable warrants and bail in bailable complaints must turn on securing appearance, not punitive factors.

Non-bailable warrants should ordinarily be cancelled when the accused voluntarily surrenders before the returnable date, because their purpose is only to secure presence and continued refusal in that situation is a patent illegality. In a bailable complaint under the Negotiable Instruments Act, bail cannot be denied on irrelevant considerations such as an unsubstantiated explanation for earlier non-appearance, especially where the accused has surrendered and there is no material showing an intent to evade the proceedings. The impugned order was quashed, and release on bond and surety was directed.

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Issues: (i) Whether non-bailable warrants could be refused cancellation after the accused had surrendered before the trial court before the returnable date. (ii) Whether bail could be denied in a bailable complaint under the Negotiable Instruments Act merely because the accused did not substantiate the cause of previous non-appearance.

Issue (i): Whether non-bailable warrants could be refused cancellation after the accused had surrendered before the trial court before the returnable date.

Analysis: The object of non-bailable warrants is to secure the presence of the accused. Once the accused voluntarily appeared and surrendered before the trial court before the date fixed in the warrants, refusal to cancel the warrants defeated that object and amounted to patent illegality. The trial court was required to exercise its power to cancel the warrants in those circumstances.

Conclusion: The refusal to cancel the non-bailable warrants was unsustainable and is set aside.

Issue (ii): Whether bail could be denied in a bailable complaint under the Negotiable Instruments Act merely because the accused did not substantiate the cause of previous non-appearance.

Analysis: In a bailable matter, the controlling consideration is securing appearance, not punishing the accused for the earlier absence. The accused had surrendered, and there was nothing on record to show an intention to evade the proceedings. The ground of ailment was also not controverted by the complainant. Denial of bail on the basis adopted by the trial court was therefore inconsistent with the purpose of bail and showed non-application of mind.

Conclusion: The refusal of bail was unsustainable and is set aside.

Final Conclusion: The impugned order was quashed, the petitioner was ordered to be released on furnishing bond and surety, and the petition was disposed of accordingly.

Ratio Decidendi: Once an accused who is facing non-bailable warrants appears or surrenders before the returnable date, the warrants should ordinarily be cancelled, and in a bailable offence bail cannot be denied on irrelevant considerations divorced from the purpose of securing presence.

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