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TMI Blog2018 (7) TMI 2116X X X X Extracts X X X X X X X X Extracts X X X X ..... itution of India and societal interest and in order to secure attendance of the person accused, the court should first issue summon simplicitor or bailable warrant to accused and only thereafter, if he does not appear after service, as a last resort, non-bailable warrant of arrest should be issued to secure the presence of the accused person. In the instant case, the fact remains that summon and bailable warrant issued to the applicant remained unserved and thereafter, straightway, non-bailable warrant could not have been issued to the applicant in light of the principles of law enunciated by the Supreme Court in the aforesaid decisions - it is a fit case in which the applicant should be granted anticipatory bail. Bail application all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oppose the application. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Way back, in the year 1976, Their Lordships of the Supreme Court in a Constitution Bench decision in the matter of State of U.P. v. Poosu and another (1976 (3) SCC 1) had an occasion to consider the question of securing the attendance of accused person while granting special leave against an order of acquittal by holding as under: Broadly speaking, the Court would take into account the various factors such as, the nature and seriousness of the offence, the character of the evidence, circumstances peculiar to the accused, possibility of his absconding, tampering with evidence, larger interest of the public and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of issuance of the non-bailable warrant should be resorted to. Personal liberty is paramount, therefore, we caution courts at the first and second instance to refrain from issuing non-bailable warrants. Their Lordships while concluding, emphasized the need of striking proper balance between individual personal liberty and societal interest/interest of public before issuing warrant by making following pertinent observation: The power being discretionary must be exercised judiciously with extreme care and caution. The court should properly balance both personal liberty and societal interest before issuing warrants. There cannot be any straight- jacket formula for issuance of warrants but as a general rule, unless an accused is charg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the matter of Vikas v. State of Rajasthan 2014 (3) SCC 321, wherein the trial court while granting an application under Section 319 of the Cr.P.C., directly issued non-bailable warrant for securing attendance of accused, which was affirmed by the High Court, setting aside order of trial court and High Court and emphasizing the need to secure the attendance of accused by first issuing summons/bailable warrant, Their Lordships of the Supreme Court held as under : .....This could be when firstly it is reasonable to believe that the person will not voluntarily appear in court; or secondly that the police authorities are unable to find the person to serve him with a summon and thirdly if it is considered that the person could harm someon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e warrant could not have been issued to the applicant in light of the principles of law enunciated by the Supreme Court in the aforesaid decisions (supra). In view of the above, I am of the opinion that it is a fit case in which the applicant should be granted anticipatory bail. Accordingly, the application is allowed. 12. It is, therefore, directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the trial Court on his executing a personal bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant shall also abide by the following conditions: - 1. He shall not, directly or indirectly, make any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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