Bhubaneswar, June 12: The Orissa High Court has quashed a non-bailable warrant (NBW) issued against an accused person, observing that courts must follow the prescribed legal procedure before taking steps that affect an individual's personal liberty.

Hearing a petition filed by Trinath Guru, Justice Gaurishankar Satapathy held that if an accused repeatedly fails to appear before a court despite receiving notices, the court may issue fresh notices or a bailable warrant. However, a non-bailable warrant should not be issued mechanically without recording adequate reasons.

The court noted that personal liberty is a valuable constitutional right and cannot be curtailed without strict adherence to legal provisions. It observed that imprisonment not only restricts a person's freedom but can also subject the individual to mental trauma. Therefore, courts must exercise caution before issuing non-bailable warrants.

The High Court further pointed out that in the present case, the trial court had not assigned sufficient reasons for issuing the NBW. It said the lower court could have first issued notice to the surety or proceeded with a bailable warrant against the accused.

Emphasising the legal position on bail, the court observed that once bail is granted, it remains in force unless the bail order is specifically cancelled. In the absence of such cancellation, the direct issuance of a non-bailable warrant was not legally sustainable.

According to case records, the petitioner had been on bail since December 23, 2025. After he failed to appear before the court on subsequent dates, repeated notices were issued to secure his presence. However, when he continued to remain absent, the Judicial Magistrate First Class (JMFC), Lakhanpur, directly issued a non-bailable warrant against him.

Challenging the order, the petitioner approached the High Court, contending that the trial court had bypassed the legally prescribed procedure by issuing an NBW without first resorting to less stringent measures such as notice or a bailable warrant.

Accepting the contention, the High Court set aside the NBW issued by the Lakhanpur JMFC, reiterating that courts must adopt a balanced approach while dealing with instances of non-appearance by accused persons.

Advocate Kamil Rashid appeared for the petitioner.