Court grants petitioners permission to appear before lower court next day for bail bonds. Emphasizes liberty rights.

The High Court allowed the Criminal Miscellaneous Petition, granting the petitioners permission to appear before the lower court the next day and submit bail bonds as directed by that court. The stay application was disposed of accordingly. The court emphasized the importance of liberty as a fundamental human right and the need for caution in issuing non-bailable warrants, as highlighted in a Supreme Court precedent.

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Issues: Application for early listing; Summons by non-bailable warrants; Bail bonds submission; Stay application disposal

In this judgment, the main issue before the court was the application for early listing of a Criminal Miscellaneous Petition filed by the petitioners. The petitioners were aggrieved by an order passed by the Special Sessions Judge, Jaipur, where their application under Section 70(2) of the Cr.P.C. was dismissed, and they were summoned by non-bailable warrants at the first instance. The petitioners argued that in a complaint case, they should have been summoned by bailable warrants instead. The matter was scheduled for the petitioners' presence the following day.

The counsel for the petitioners relied on a Supreme Court case, "Inder Mohan Goswami & Ors. vs. State of Uttaranchal & Ors.," emphasizing that liberty is a fundamental human right, and courts should exercise caution before issuing non-bailable warrants. The Supreme Court had noted that non-bailable warrants should only be issued when summons or bailable warrants are unlikely to produce the desired result.

The respondent's counsel opposed the petition, requesting that the petitioners be allowed to appear before the lower court the next day and submit bail bonds as deemed appropriate by that court. Given the petitioner's willingness to comply with the court's requirements, the High Court allowed the Criminal Miscellaneous Petition. The petitioners were granted permission to appear before the concerned court the next day and submit bail bonds as directed by that court. Consequently, the stay application was disposed of by the court.

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