TMI Blog2013 (8) TMI 1126X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Criminal Appeal No. 1190 OF 2013 (Arising out of SLP (Crl.) No. 6081 of 2013) - - - Dated:- 16-8-2013 - H.L. Dattu And M.Y. Eqbal, JJ. ORDER 1. Leave granted. 2. This appeal is dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IPC against A2. Thereafter, PW4, filed an application before the Trial Court under Section 319 of the Cr.P.C. for the trial of the appellant along with the other accused persons for having been involved in the commission of the offence. 6. The Trial Court placing reliance on the evidence produced in the course of the trial has come to the conclusion that the court is satisfied that the appellant has committed an offence for which the appellant can be tried along with the other accused persons and therefore had taken cognizance for the offences under Sections 363, 366(A), 120B and 376(2)(g) of the IPC against the appellant herein and were summoned through an issuance of a non-bailable warrant. 7. Being aggrieved by the issuance of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be tried together with the already arraigned accused persons. The court should exercise judicial discretion on a consideration of the totality of the facts and circumstances of a given case and in a manner where proper procedures are followed that are fundamental to the right of fair trial of the accused. The section demands more circumspection by the Trial Court while exercising its powers since it confers an extraordinary power and should be used by the court very sparingly thereby ensuring that principles of rule of law and basic tenets of criminal law jurisprudence are not vitiated. 14. The Constitution of India is the grundnorm- the paramount law of the country. All other laws derive their origin and are supplementary and incidental ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsonal liberty. Arrest and imprisonment means deprivation of the most precious right of an individual. Therefore, this demands that the courts have to be extremely careful before issuing non-bailable warrants. 15. In order to examine the reasoning of the Trial Court, the case is to be understood in its own facts and circumstances. In the instant case, the Trial Court after appreciating the evidence available had reasonable satisfaction from the evidence already collected during the trial that the appellant had committed an offence along with the other accused who had undergone the Trial and therefore issued a non-bailable warrant to seek the attendance of the appellant- herein under an application of Section 319 of the Cr.P.C. To appreci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns for the issuance of non-bailable warrant are re-iterated in the case of Inder Mohan Goswami (Supra) and in the case of State of U.P. vs. Poosu and Anr; 1976 3 SCC 1, wherein it is mentioned that Non-bailable warrant should be issued to bring a person to court when summons or bailable warrants would be unlikely to have the desired result. This could be when firstly it is reasonable to believe that the person will not voluntarily appear in court; or secondly that the police authorities are unable to find the person to serve him with a summon and thirdly if it is considered that the person could harm someone if not placed into custody immediately. In the absence of the aforesaid reasons, the issue of non-bailable warrant a fortiori to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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