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        Case ID :

        2026 (4) TMI 1147 - HC - GST

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        Conversion of non-bailable warrants to bailable warrants is not a matter-of-right in serious offence cases. No vested right exists to seek conversion of non-bailable warrants into bailable warrants in economic-offence or serious-offence cases; such relief ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Conversion of non-bailable warrants to bailable warrants is not a matter-of-right in serious offence cases.

                            No vested right exists to seek conversion of non-bailable warrants into bailable warrants in economic-offence or serious-offence cases; such relief depends on the facts and circumstances of each matter. The cited earlier decisions were treated as fact-specific orders based on the nature of the allegations, the accused's role, and the manner in which warrants were issued or relief granted. Because those decisions did not settle any general legal proposition, they did not create a conflict of views requiring larger-bench determination. The referred question was therefore not answered on the merits, and the matter was left for decision by the Single Judge on its own facts.




                            Issues: Whether an accused of economic offences or heinous offences has a matter-of-right entitlement to conversion of arrest warrants into bailable warrants under the cited procedural provisions, and whether the earlier decisions disclosed any conflict requiring an authoritative answer.

                            Analysis: The prior decisions were examined and found to have turned on their own facts, including the nature of the allegations, the role of the accused, and the circumstances in which warrants were issued or relief was granted. They did not lay down any general rule that an accused has a vested legal right to conversion of non-bailable warrants into bailable warrants. Since no decisive legal proposition had been settled in those matters, there was no conflict of views warranting a larger-bench resolution.

                            Conclusion: The referred question was not answered on merits, and it was held that no authoritative legal issue arose for determination from the cited decisions. The matter was left to be decided by the Single Judge on its own merits.

                            Final Conclusion: The reference was answered by declining to formulate any binding rule on conversion of warrants as a matter of right, and the proceedings were concluded without pronouncing on the substantive entitlement claimed.

                            Ratio Decidendi: A right to conversion of non-bailable warrants into bailable warrants cannot be claimed as a matter of course in economic-offence or serious-offence cases; earlier fact-specific orders do not create a binding conflict unless they decide the legal proposition in issue.


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                            ActsIncome Tax
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