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Issues involved: Aggrieved by the issuance of warrant of arrest and dismissal of application u/s 70(2) of Cr.P.C.
Summary: The petitioners approached the High Court challenging the warrant of arrest issued by the trial Court and the dismissal of their application to convert it into a bailable warrant. The case involved allegations of assault under various sections of the IPC. The trial Court, considering the gravity of the offence and the status of the accused who were police personnel, issued a warrant of arrest. The petitioners contended that their liberty was compromised, citing violation of Article 21 of the Constitution of India. The Public Prosecutor argued that as upholders of the law, the accused police personnel's actions warranted a serious view. The High Court, after considering the arguments and case law, upheld the trial Court's decision to issue a non-bailable warrant, emphasizing the importance of upholding the rule of law and restoring faith in the state authority. The High Court emphasized that while liberty is fundamental, it is not absolute and can be deprived following due process. The issuance of a non-bailable warrant is a legal procedure under Cr.P.C. The Court justified the trial Court's decision based on the seriousness of the allegations against the police personnel and the need to maintain public trust in law enforcement. The delay in executing the warrant was noted, indicating a failure of the Police Department to uphold accountability. The Court distinguished a previous case involving different offences and non-police personnel, highlighting the unique circumstances of this case where law enforcers were accused of violating the law. In conclusion, the High Court found no illegality in the trial Court's order and dismissed the petition, affirming the validity of the warrant of arrest issued against the accused police personnel.
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