2018 (7) TMI 2116

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....C for grant of anticipatory bail. 2. In a criminal complaint filed by non-applicant No.2 herein, offence under Sections 120B, 420, 467 and 468 of the IPC was registered at Police Station Khursipar, Bhilai, Distt. Durg, against the applicant in which warrant of arrest has been issued against him. 3. Learned Senior Counsel appearing for the applicant submits that offence has been registered against the applicant on 22-7-2017 and summons were issued which received unserved and thereafter, bailable warrant was issued which also received unserved and straightway, warrant of arrest has been issued which is contrary to the well settled law in this regard. Only in case of service of summons and bailable warrant, if accused remains absconding, the....

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....likely to have the desired result. This could be when: * it is reasonable to believe that the person will not voluntarily appear in court; * the police authorities are unable to find the person to serve him with a summon; * it is considered that the person could harm someone if not placed into custody immediately." In the later part of judgment, Their Lordships cautioned the criminal court to refrain from issuing non-bailable warrant of arrest at first instance by directing as under : "In complaint cases, at the first instance, the court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable- warrant. In the ....

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....raph of report states as under : "Be that as it may, it is for the court, which is clothed with the discretion to determine whether the presence of an accused can be secured by a bailable or non-bailable warrant, to strike the balance between the need of law enforcement on the one hand and the protection of the citizen from highhandedness at the hands of the law enforcement agencies on the other. The power and jurisdiction of the court to issue appropriate warrant against an accused on his failure to attend the court on the date of hearing of the matter cannot be disputed. Nevertheless, such power has to be exercised judiciously and not arbitrarily, having regard, inter-alia, to the nature and seriousness of the offence involved; the past....

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....ciples of law laid down by Their Lordships of the Supreme Court in above-stated cases (supra), it would appear that power and jurisdiction of trial court to issue appropriate warrant of arrest has to be exercised judiciously and sparingly with utmost circumspection striking a proper balance between the personal liberty guaranteed under Article 21 of the Constitution of India and societal interest and in order to secure attendance of the person accused, the court should first issue summon simplicitor or bailable warrant to accused and only thereafter, if he does not appear after service, as a last resort, non-bailable warrant of arrest should be issued to secure the presence of the accused person. 11.In the instant case, the fact remains th....