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2018 (5) TMI 2091 - HC - Money LaunderingConversion of non-bailable warrants into bailable warrants - Section 3/4 of the PMLA Act, 2002 - HELD THAT:- The order for issuance of non-bailable warrant was 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 [2017 (7) TMI 1130 - SC ORDER] 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 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 petitioners. Non-bailable warrant should be issued to bring a person to court when summons of bailable warrants would be unlikely to have the desired result - 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.
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