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TMI Blog1988 (8) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... s), Jaipur, and on this complaint, the learned Chief Judicial Magistrate directed that non-bailable warrants be issued for the production of the petitioners. The petitioners preferred an application under section 438, Criminal Procedure Code, before the Sessions Judge, Jaipur City, Jaipur, and he directed that the petitioners should appear before the Chief Judicial Magistrate (Economic Offences), Jaipur, and apply for grant of bail and prior notice be given to the Income-tax Department as to when they were appearing before that court and till such surrender the non-bailable warrants shall not be executed. In pursuance of this, the petitioners did not appear before the trial court but they have moved this court under section 438, Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Chief Judicial Magistrate were converted into bailable warrants and the accused persons were directed to appear before the Chief Judicial Magistrate (Economic Offences) and move an application under section 437, Criminal Procedure Code. A direction was also issued that the Magistrate should decide the application forthwith. On my query as to why non bailable warrants are issued in the first instance, learned counsel for the Department submitted that when once bailable warrants are issued, then the Sessions Judge while disposing of the application considers this fact and grants bail simply for the reason that bailable warrants were issued in the first instance. This appears to be a very strange reason for issue of non-bailable warrants i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istrate takes cognizance, of an offence and finds that there is sufficient ground for proceeding, then he has to proceed in accordance with law and exercise discretion according to sound judicial principles. Filing of a return late is an economic offence and it can be said that economic offences are on the increase every day, but in my opinion general principle cannot be laid down that in all cases involving commission of economic offences anticipatory bail is to be refused. As seen above, what is to be seen is whether in the facts and circumstances of the case, anticipatory bail should be granted or not. At the same time, it may also be considered whether the court should grant anticipatory bail or convert the non-bailable warrants issue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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