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2018 (7) TMI 2116 - HC - Indian LawsIssuance of non-bailable warrant - offence punishable under Sections 120B, 420, 467 and 468 of the IPC - HELD THAT:- Bearing in mind the statutory provision contained in sub-section (2) of Section 319 of the CrPC and judged by the principles of law laid down by Their Lordships of the Supreme Court in STATE OF U.P. VERSUS POOSU AND ANOTHER [1976 (4) TMI 223 - SUPREME COURT], it would appear that power and jurisdiction of trial court to issue appropriate warrant of arrest has to be exercised judiciously and sparingly with utmost circumspection striking a proper balance between the personal liberty guaranteed under Article 21 of the Constitution 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 allowed.
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