TMI Blog2018 (5) TMI 2091X X X X Extracts X X X X X X X X Extracts X X X X ..... for the authoritative pronouncement on the issue, for the present, it cannot be said with certainty that the petitioners will not be able to get the relief. Taking into account the possibility of favourable decision, the petitioners cannot be put to a dis-advantageous position by way of not allowing their prayer for converting the non-bailable warrants into bailable one. More so, when the existence of non-bailable warrant is dependent upon the existence of cognizance order. Secondly, the order passed on 15.3.2018 is also based and dependent on the order dated 12.3.2018. Laying a challenge to the basic order dated 12.3.2018 by which the non-bailable warrant was issued, is thus sufficient ground to consider the prayer made by the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ltd, which reads as under:- Leave granted. In the meantime, the impugned judgment and order will notoperate as a precedent. Liberty is granted to file Rejoinder Affidavit within a period of 4 weeks from today. Learned counsel for the respondents has contended that heavy reliance was placed by the rival side on Ajay Kumar Gupta Vs. Adjudicating Authority (PMLA) reported in Manu/TN/2654/2017 which was mainly based on the case of Directorate of Enforcement Vs. M/s. Obulapuram Mining Company Pvt. Ltd. It has also been contended by counsel for the respondent that in Ajay Kumar Gupta s case (supra), the judgment of Hon ble Supreme Court in Sajjan Singh Vs. State of Punjab reported in Manu/SC/0085/1963 was not considered. Thu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioners has expressed his anxiety about the relief claimed by the petitioners, in so far as it relates to converting the non-bailable warrant issued against the petitioners in to bailable one. Counsel submits that as the fate of criminal misc. petition will be decided later on, this issue, being urgent in nature may be dealth with immediately. In this regard, learned counsel for the respondents has taken the objection that by way of pending criminal misc. petition,challenge has been made by the petitioners to the orders impugned dated 12.3.2018 (Annex.5 6). But the petition was not directed against the order dated 15.3.2018 whereby the application preferred by the petitioners under Sec.70(2) Cr.P.C was rejected by the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel has also brought it into notice of the court that in the predicate offence under Sec.109 IPC read with Sec.13(2) r/w sec.13(1)(e) of the P.C.Act, the petitioner no.2 Smt. Anita Singh Dev has been granted anticipatory bail under Sec.438Cr.P.C by the CBI Court No.1, Jaipur on 13.1.2012. Similarly, the petitioner no.1 P.M. Singh Dev has also been allowed bail under Sec.439 Cr.P.C vide order dated 2.2.2012 in the predicate offence under Sec.13(2) read with Sec.13(1)(e) of the P.C.Act by learned CBI Judge No.1, Jaipur. Counsel further submits that since the petitioners were enlarged on bail, they have been regularly attending the court proceedings and have never misused the liberty granted in their favour. Counsel also submits that the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also passed. Later part of the order is certainly dependent upon and consequent to the order of cognizance. If cognizance order is not maintained, then the order of calling the petitioners by way of arrest warrant also does not subsist. Since the Hon ble Apex Court is seized with the present controversy in the case of Directorate of Enforcement Vs.M/s. Obulapuram Mining Company Pvt. Ltd (supra) and the proceeding of this petition has been deferred to wait for the authoritative pronouncement on the issue, for the present, it cannot be said with certainty that the petitioners will not be able to get the relief. Taking into account the possibility of favourable decision, the petitioners cannot be put to a dis-advantageous position by way of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or *the police authorities are unable to find the person to serve him with a summon; or *it is considered that the person could harm someone if not placed into custody immediately. 53. As far as possible, if the court is of the opinion that a summon will suffice in getting the appearance of the accused in the court, the summon or the bailable warrants should be preferred. The warrants either bailable or non-bailable should never be issued without proper scrutiny of facts and complete application of mind, due to the extremely serious consequences and ramification which ensue on issuance of warrants. The court must very carefully examine whether the criminal complaint or FIR has not been filed with an oblique motive. In view of w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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