TMI Blog2014 (11) TMI 1104X X X X Extracts X X X X X X X X Extracts X X X X ..... in case of heinous crime or it is feared that accused is likely to tamper or destroy the evidences or is likely to evade the process of law. We do not find any such findings recorded by the designated judge in her order dated 29th October, 2014 while issuing warrant. Thus it is of the view that the petitioners have been able to make out a strong prima facie case to have an interim order to the limited extent that, the order passed by the Designated Judge for issue of warrant shall remain stayed from its operation, till the next date of hearing. - Special Criminal Application (Quashing) No. 4697 of 2014 - - - Dated:- 7-11-2014 - J.B. PARDIWALA J. Mr. S M Vatsa, Advocate for the Applicant. Mr. HS Soni, App for the Respondent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complainant also prayed for issuing non bailable warrant in lieu of prosecution against the accused. 5. It appears that the learned Sessions Judge passed an order below complaint No.4/14 on 29th October, 2014 and directed to register the complaint as P.M.L.A Case against all the accused. The Learned Sessions Judge also ordered to issue warrant against the petitioners herein (original accused nos. 2,4,5,7,8,9 and 10) and the warrant was made returnable on 10th November, 2014. 6. The submission on behalf of the petitioners is that the learned Designated Judge ought not to have issued warrant in the first instance, more particularly when there is nothing on record to suggest that the accused persons would not honour the summons or that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an offence of a heinous crime and it is feared that he 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. 8. On a plain reading of the provisions of law as well as the decision of the Supreme Court, it appears prima facie that if the offence is heinous, the Court may be justified in issuing non bailable warrants simultaneously with the order of process, but it appears on a plain reading of Section 87 of the Code of Criminal Procedure that at the same time the Court concerned is also obliged to satisfy itself by recording reasons that the accused persons are likely to evade the process of law or have already absconded. Issuance of non bailable warrant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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