TMI Blog2023 (6) TMI 1005X X X X Extracts X X X X X X X X Extracts X X X X ..... s is a reasonable explanation for non-appearance, which ought to have been considered by the Court below. Even the fact that the Petitioners were never arrested during investigation and prosecution does not allege that they had not cooperated with the investigating agency, does not seem to have been considered by the Court at all. Therefore, there seems to be no justified reason to take coercive steps against the Petitioners for their appearance. This Court is strongly persuaded to hold that the impugned order in so far as it relates to the direction for issuance of N.B.W. cannot be sustained in the eye or law - Petition allowed. - CRLMC NOS.2220 & 2221 OF 2023, In CRLMC No.2221/2023 - - - Dated:- 22-6-2023 - JUSTICE SASHIKANTA MISHR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on was handed over to the CBI whereupon R.C. No.2(E) of 2013-Kol was registered on 1st March, 2013 corresponding to C.M.C. (PMLA) Case No. 47/2017. Upon completion of investigation charge sheet was submitted. The present Petitioners are accused persons, who were never arrested during investigation, and claim to have fully cooperated with the investigation. Summons were issued by the Court below vide order dated 3rd April, 2023 fixing 17th April, 2023 for appearance of the accused persons. On the date fixed the Petitioners appeared through their lawyers and filed petitions seeking time. The said petitions were rejected and N.B.W. was directed to be issued. 4. Heard Mr. D. Panda, learned counsel for the Petitioners and Mr. Gopal Agrawal, l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on 15th December, 2014 and 16th December, 2014. Thus, the need for arresting the Petitioners do not appear to have arisen at any stage. 8. In the case of Inder Mohan Goswami and another vrs. State of Uttaranchal; reported in (2007) 12 SCC (1), the Apex Court while discussing the power of the Court to issue NBW held as under: When non-bailable warrants should be issued 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. This could be when: * it is reasonable to believe that the person will not voluntarily appear in court; or * the police authorities are unable to find the person to serve him with a summon; or * it is consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eneral rule, unless an accused is charged with the commission of 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. The Court should try to maintain proper balance between individual liberty and the interest of the public and the State while issuing non-bailable warrant. 9. The facts of the case may now be examined on the touchstone of the principles referred to herein before. The Court appears to have issued summons vide order dated 3rd April, 2023 fixing 17th April, 2023 as the date of appearance of the Petitioners. However, it was held that N.B.W. shall be issued in case of non- appear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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