Non Bailable Warrant can be Issued even at the stage of the Execution of Sentence
The power of the magistrate to issue Non-Bailable Warrant is further widened in the case of Sharad Jethalal Savla v State of Gujarat[xiii], where the order of the Trial Court issuing a non-bailable warrant of arrest having noticed that the accused was not present at the time of pronouncement of the judgment and order of conviction and sentence in view of the provisions of Section 418 (2)[xiv] of the CrPC which is a mandatory provision was upheld by the Hon’ble Gujarat High Court.
This principle has also been reiterated in the case of Ishwarbhai Hirabhai Chunara v State Of Gujarat[xv]. It is thus quite clear that as soon as the sentence is pronounced, the accused is to be taken into custody on the strength of a warrant. In the view of the provisions of Section 418 CrPC, the courts are duty bound to issue a warrant of arrest against whom judgement is passed. When the accused is not present at the time of pronouncing the judgment and if judgment is pronounced in his absence and because, it is a judgment of conviction, the Court has to issue a non-bailable warrant for the arrest of the accused to undergo the sentence of imprisonment. Non- Bailable warrant is nothing but the warrant of arrest and a person can be sent jail after the issuance of such warrant. Issuance of such warrant is much required when the order of conviction is passed and the accused is not in custody.