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2019 (5) TMI 1904 - HC - Money LaunderingMoney Laundering - Court has summoned the petitioners by non-bailable warrants - limited prayer made before this Court is that since the case is listed before the Court below tomorrow, petitioner be permitted to appear before the Court below and submit bail bonds as deemed proper by the Court - HELD THAT - Since petitioner is willing to appear before the Court and submit bail bonds as desired by the Court, it is deemed proper to allow the present Criminal Miscellaneous Petition. The present Criminal Miscellaneous Petition is accordingly allowed.
Issues: Application for early listing; Summons by non-bailable warrants; Bail bonds submission; Stay application disposal
In this judgment, the main issue before the court was the application for early listing of a Criminal Miscellaneous Petition filed by the petitioners. The petitioners were aggrieved by an order passed by the Special Sessions Judge, Jaipur, where their application under Section 70(2) of the Cr.P.C. was dismissed, and they were summoned by non-bailable warrants at the first instance. The petitioners argued that in a complaint case, they should have been summoned by bailable warrants instead. The matter was scheduled for the petitioners' presence the following day. The counsel for the petitioners relied on a Supreme Court case, "Inder Mohan Goswami & Ors. vs. State of Uttaranchal & Ors.," emphasizing that liberty is a fundamental human right, and courts should exercise caution before issuing non-bailable warrants. The Supreme Court had noted that non-bailable warrants should only be issued when summons or bailable warrants are unlikely to produce the desired result. The respondent's counsel opposed the petition, requesting that the petitioners be allowed to appear before the lower court the next day and submit bail bonds as deemed appropriate by that court. Given the petitioner's willingness to comply with the court's requirements, the High Court allowed the Criminal Miscellaneous Petition. The petitioners were granted permission to appear before the concerned court the next day and submit bail bonds as directed by that court. Consequently, the stay application was disposed of by the court.
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