Non-bailable warrants require reasoned satisfaction of deliberate evasion; disproportionate issuance without lesser-process failure is unjustified.

Non-bailable warrants should be used sparingly and only on reasoned satisfaction that an accused is deliberately evading the court process and that summons or bailable warrants are unlikely to secure appearance. Where the accused had cooperated with investigation, was not arrested during inquiry, and appeared through counsel seeking time, a straightaway resort to non-bailable warrants was held disproportionate. The issuance of such warrants was therefore unjustified and could not be sustained on the facts, with the petitioners succeeding on that issue.

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Issues: Whether the issuance of non-bailable warrants against the petitioners for non-appearance on the returnable date was justified in the facts of the case.

Analysis: The governing principle is that arrest and coercive process should be used with caution and, where summons or a less drastic process can secure appearance, the Court should ordinarily prefer that course. Non-bailable warrants are to be issued only when the Court is satisfied that the accused is intentionally avoiding appearance, summons or bailable warrants would be ineffective, or there is some compelling reason to secure immediate custody. On the facts, the petitioners had not been arrested during investigation, had cooperated with the investigating agency, and appeared through counsel seeking time on the date fixed. The record did not support a finding of deliberate evasion, and the straightaway direction for issuance of non-bailable warrants was found to be disproportionate.

Conclusion: The issuance of non-bailable warrants was unjustified and could not be sustained; the petitioners succeeded on this issue.

Ratio Decidendi: Non-bailable warrants should not be issued mechanically and may be resorted to only upon a reasoned satisfaction that the accused is deliberately evading the process of court and that a lesser process is unlikely to secure appearance.

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