Judicial discretion for non-bailable warrants requires recorded reasons before coercive process is issued in the first instance.

Section 87 of the Code of Criminal Procedure permits a warrant in lieu of, or in addition to, summons, but the discretion must be exercised judicially and supported by recorded reasons. Non-bailable warrants should ordinarily be avoided unless the record shows a likelihood of evasion of process, absconding, tampering with evidence, or other serious necessity. As no such findings were recorded in the impugned order, the Gujarat High Court found a strong prima facie basis to protect the petitioners from immediate operation of the warrant order and stayed its effect until the next date of hearing.

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Issues: Whether the order issuing a non-bailable warrant in the first instance was sustainable in the absence of recorded reasons showing that the accused were likely to evade process or had absconded.

Analysis: Section 87 of the Code of Criminal Procedure permits issuance of a warrant in lieu of, or in addition to, summons, but the power is discretionary and must be exercised judicially with reasons. The governing principle is that non-bailable warrants should ordinarily be avoided unless the circumstances show a likelihood of evasion of process, absconding, tampering with evidence, or other serious necessity. The order under challenge did not record such findings. On the materials before the Court, a strong prima facie case was made for protecting the petitioners from immediate operation of the warrant order until the next date of hearing.

Conclusion: The operation of the order issuing the warrant was stayed until the next date of hearing, in favour of the petitioners.

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