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2013 (8) TMI 1126 - SC - Indian LawsInsuring attendance of the appellant before the Court - Issue of Bailable Warrant & summons before issuance of Non-bailable Warrant - Power of the Court – HELD THAT - The power under Section 319 of the Cr.P.C 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 likely to tamper or destroy the evidence or is likely to evade the process of law, issuance of non-bailable warrants should be avoided. Article 21 of our Constitution proclaims that no one shall be deprived of his liberty except in accordance with the procedure prescribed by law. The issuance of non-bailable warrant involves interference with personal liberty. Orders passed by the Trial Court and confirmed by the High Court modified, and direct that summons be issued against the appellant for his appearance instead of non- bailable warrants which were ordered to be issued against him.
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