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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Balaram Mandal, S/o. Dhiren Mandal – Appellant
Versus
State of Assam, Represented By The Public Prosecutor, Assam – Respondent
| Table of Content |
|---|
| 1. background of the case and accusations against accused. (Para 2 , 3 , 4) |
| 2. trial court's orders for non-bailable warrants. (Para 5 , 6) |
| 3. arguments regarding propriety of warrant issuances. (Para 7 , 8) |
| 4. legal provisions regarding service of summons. (Para 9 , 10 , 11) |
| 5. charges against the accused and implications. (Para 12 , 13 , 14) |
| 6. cautions regarding issuance of non-bailable warrants. (Para 15 , 16) |
| 7. orders set aside for lack of due process. (Para 17) |
| 8. accused allowed to appear and seek bail. (Para 18 , 19) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. Heard Mr. A.L. Mandal, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
2. Before any deliberation on the impugned orders, it is apposite to state the background facts, in brief, at first. One Smti. Mamata Mandal was the informant in the First Information Report [FIR] lodged before the Officer In-Charge, Mayang Police Station on 05.12.2021 in connection with Mayang Police Station Case no. 270/2021 registered under Sections 498A/494/34, INDIAN PENAL CODE [IPC]. In the FIR, the petitioner herein was named as accused no. 1 and one Smti. Sarmila
Issuance of non-bailable warrants must be judicious, adhering to procedural safeguards that protect individual liberties, with courts required to balance societal interests and personal rights.
Non-bailable warrants must be issued with proper legal justification, particularly ensuring evidence is present to support belief of the accused's absconding, balancing individual rights with public ....
Before issuing Non-Bailable Warrant due care and precaution is warranted for Trial Court and Non-Bailable Warrant should not be issued in a cursory manner.
The Court emphasized the need to balance societal interest and personal liberty when issuing NBWs, especially considering the impact of the COVID-19 pandemic on travel.
Non-bailable warrants cannot be issued in a routine manner; courts must ensure specific, reasoned justification for their necessity to protect individual liberties.
Non-bailable warrants cannot be issued in a routine manner and must be supported by specific reasons to protect individual liberties under Articles 21 and 22 of the Constitution.
Issuance of non-bailable warrants must be justified by sufficient reasons; personal liberty must be balanced with societal interests, especially during extraordinary circumstances.
Non-bailable warrants cannot be issued routinely; courts must provide adequate reasoning and evidence to justify such action, ensuring individual liberty is not curtailed without necessity.
Non-bailable warrants must not be issued routinely and require specific judicial justification to protect individual liberties as mandated by Article 21.
Non-bailable warrants should not be issued routinely and must be justified with specific reasons, emphasizing the balance between individual rights and public interest.
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