2013 (8) TMI 1126

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....ort, "the Cr.P.C."). 3. The Facts in brief are: - The incident occurred on 01.12.2011 at about 4.00 a.m. PW-4, the complainant had lodged an FIR before the Police Station at Singhana, District Jhunjhunu to the effect that PW5, the daughter of the Complainant, Sonu was abducted by the accused persons namely Deshram, Vikash, Ravi Kumar and Amit Kumar. On the fateful day, PW-5, had gone out of her house, when the appellant along with the other accused persons hatched a conspiracy to forcibly abduct her and in pursuance of the same abducted PW-5. 4. The FIR was registered and after completion of the investigation, the investigating agency had filed a charge-sheet against the accused, Amit Kumar (A1) for the offences under Sections 363, 36....

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....an appeal before the High Court. The High Court after re- consideration confirmed the order of the Trial Court. 9. It is the correctness or otherwise of the judgment and order passed by the High Court which is called in question by the appellant in this appeal. 10. Heard learned counsel for the parties to the lis. 11. The learned counsel appearing for the appellant, would submit that the Trial Court, to seek attendance of the appellant and the other accused persons had issued non-bailable warrants instead of bailable warrants which was not justified. 12. The only question for consideration before us is whether in the circumstances of the case, the attendance of the appellant could have been best secured by issuing a summon simpl....

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....udges while discharging their judicial function to protect and promote the liberty of the citizens. The issuance of non- bailable warrant in the first instance without using the other tools of summons and bailable warrant to secure attendance of such a person would impair the personal liberty guaranteed to every citizen under the Constitution. This position is settled in the case of Inder Mohan Goswami; 2007 12 SCC 1 and in the case of Raghuvansh Dewanchand Bhasin vs. State of Maharashtra and Anr; (2012) 9 SCC 791 wherein it has been observed that personal liberty and the interest of the State Civilized countries is the most precious of all the human rights. The American Declaration of Independence 1776, French Declaration of the Rights of ....

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....tinguish one of the two classes of cases, viz. 'bailable' offences in which bail may be claimed as a right in every case whereas the question of grant of bail in non- bailable offences to such a person is left by the legislature in the court's discretion to be exercised on a consideration of the totality of the facts and circumstances of a given case. The discretion has, of course, to be a judicial one informed by tradition methodized by analogy, disciplined by system and sub-ordinated to the primordial necessity of order in social life. Another such instance of judicial discretion is the issue of non-bailable warrant in a complaint case under an application of Section 319 of the Cr.P.C. The power under Section 319 of the Cr.P.C....