Courts should carefully consider the issuance of non-bailable warrants and balance individual liberty with societal interest

SUNITA GUPTA, J.

Crl. M.A. No. 4872/2016 (exemption) Allowed subject to just exceptions. Application stands disposed of. Crl. M.C. No.1129/2016

1. Notice. Mr. Ashok Kumar Garg, Additional Public Prosecutor for the State accepts notice.

2. I have heard the learned counsel for the parties.

3. This petition is directed against the order dated 10th March, 2016 and 14th March, 2016 passed by the Additional Sessions Judge-01, South District, Saket Court vide which non-bailable warrants were issued against the petitioner with notice to surety for 7th April, 2016 and his subsequent application for cancellation of non-bailable warrants was dismissed.

4. Counsel for the petitioner submits that the petitioner was diligent and regular in appearing before the Court. On 10th March, 2016, counsel for the petitioner was present in the Court and he had requested the Court to wait for the accused. Despite his request, during early hours at 11:00 a.m. itself, non-bailable warrants were issued against the petitioner with notice to his surety. Counsel further submits that on the same date, the accused did appear before the Court and also moved an application seeking cancellation of non-bailable warrants stating therein that he got late in appearing before the Court as he was attending his uncle who was admitted in AIIMS. He was travelling in bus and there was heavy traffic due to which he got late. The counsel had also requested the Court that the accused will be late by 20-30 minutes but instead of waiting for the accused, his non-bailable warrants were issued and the application was also dismissed. He was taken in custody.

5. Reliance has been placed on Naresh Kumar vs. State, 131 (2006) DLT 678 for submitting that non-bailable warrants should not be issued during early hours of morning.

6. Reliance has also been placed on Inder Mohan Goswami and Anr. vs. State of Uttaranchal and Ors., (2007) 12 SCC1 for submitting that non-bailable warrants should not be issued casually and mechanically as the same involves interference with the personal liberty of an individual.

7. Counsel has placed on record the medical documents showing the illness of uncle of the petitioner and that he is admitted in All India Institute of Medical Sciences. He further submits that there was no difference in version given by the counsel and the averments made in the application as the Court was apprised that the accused had fallen at metro station. He went to hospital and while returning from hospital in a bus, he got late. So, he could not appear in time. It is submitted that this aspect should have been considered by the learned Additional Sessions Judge while considering the application for cancellation of NBW which was moved on the very same date. As such, the impugned order be set aside.

8. Learned Additional Public Prosecutor for the State, on the other hand, refers to the order dated 14th March, 2016 whereby the Court observed that the counsel had informed the Court on 10th March, 2016 that accused had fallen from metro train and, therefore, he was unable to appear in time whereas in the application, it was alleged that he was attending his ailing uncle and subsequently due to heavy traffic, his bus got late and he could not appear in time. As such, the grounds were not consistent and the application was rightly dismissed.

9. In Inder Mohan Goswami (supra), Hon’ble Supreme Court discussed the issue as to how and when warrants should be issued by the Court. The relevant observations find mention in para 47 to 57 and it will be advantageous to reproduce the same which is as follows:-

47. Before parting with this appeal, we would like to discuss an issue which is of great public importance, i.e., how and when warrants should be issued by the Court? It has come to our notice that in many cases that bailable and non-bailable warrants are issued casually and mechanically. In the instant case, the court without properly comprehending the nature of controversy involved and wi