TMI Blog2021 (6) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... with the copy of the complaint. If the accused seem to be avoiding the summons, the Court, in the second instance, should issue bailable-warrant. In the third instance, when the Court is fully satisfied that the accused is avoiding the Court proceedings intentionally, the process of issuance of the non-bailable warrant should be resorted to. In the order passed by the learned Designated Judge dated 21.01.2021 below Exh. 1 in PMLA Case No. 1 of 2021 in ECIR Number ECIR/01/STSZO/2020, non-bailable warrant against accused nos. 3 and 4 would be converted into bailable warrant against accused nos. 3 and 4. Rest of the order passed by the Court-below would remain as it is - Application disposed off. - R/Special Criminal Application No. 165 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d learned advocates for the respective parties and perused the material on record. Having considered the submissions made by learned advocates for the respective parties as well as learned APP for the respondent-State, it appears that the complaint was filed by respondent no. 1 under Sections 3 and 4 of the PMLA Act and learned Designated Judge was pleased to register a complaint under Sections 3 and 4 of the PMLA Act and was pleased to issue summon against respondent no. 1-M/s. Sanket Media Private Limited (represented by the Directors-Shri PVS Sharma) and accused no. 2-Shri PVS Sarma who is in judicial custody and further, ordered to issue non-bailable warrant against accused nos. 3 and 4. This Court would like to refer the judgment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mons, the court, in the second instance should issue bailable-warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the courts proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to. Personal liberty is paramount, therefore, we caution courts at the first and second instance to refrain from issuing non bailable warrants. The power 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 charged with the commission o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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