The present Criminal Revision Petition presents an important
question touching upon the scope of judicial discretion exercisable
while considering an application for recall of a Non-Bailable Warrant
under Section 72(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023 (formerly Section 70(2) of the Code of Criminal Procedure,
1973). The issue assumes significance because, while the law is
fairly settled that the personal presence of an accused is not an
indispensable pre-condition for considering such an application, it is
equally settled that the discretion to recall an NBW is neither
mechanical nor absolute. It must invariably be exercised upon a
judicious consideration of the conduct of the accused, the stage of
the proceedings, the gravity of the offence and the overall interests of
justice.
