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2015 Supreme(Raj) 603

MOHAMMAD RAFIQ, PRAKASH GUPTA
Manohar Lal Saini – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
Shri A.K. Gupta, Ms. Chandrakala Sahu, Shri Biri Singh Sinsinwar, Shri Hrendra Singh, Shri S.C. Gupta, Shri Sanjay Sharma, Shri Vijay Punia, for petitioner
Shri Dhruv Atrey, Shri Om Prakash M. Dhand and Dr. Mithlesh Kumar, for petitioners Shri Anurag Sharma, Shri Aniroodh Mathur, Dr. Abhinav Sharma, Shri Anil Upman, Shri Ashvin Garg, Shri Chandrabhan Gupta, Shri Sudesh Saini, Public Prosecutor, Shri R.S. Raghav, Public Prosecutor and Shri V.S. Godara, Public Prosecutor, for respondents

Judgement Key Points

Based on the provided legal document, the key points regarding the issue of whether an accused summoned by bailable warrant can be sent to jail or should remain on bail until the conclusion of the trial are as follows:

  1. The issuance of a bailable warrant primarily aims to secure the presence and attendance of the accused before the court. Once the accused appears in response to the bailable warrant and continues to attend all subsequent proceedings, the court generally should not send him to jail without a valid supervening reason (!) (!) .

  2. The act of summoning an accused by a bailable warrant in a non-bailable offence is a conscious and deliberate decision by the court, indicating an intention to secure his appearance without necessarily implying that bail has been granted or that the accused is in custody (!) (!) .

  3. When an accused appears before the court in response to a bailable warrant and has furnished bail bonds and sureties, he is considered to be in symbolic custody and has a right to continue on bail until the trial concludes, unless there are specific reasons such as violation of bail conditions, absconding, or other supervening circumstances that justify sending him to jail (!) (!) .

  4. The court must exercise its discretion judiciously and with due application of mind when deciding to send an accused to jail after response to a bailable warrant. Such action should be based on valid reasons, including non-compliance with bail conditions or other conduct that undermines the court's authority or the integrity of the trial process (!) (!) .

  5. The legal framework recognizes that once an accused appears and continues to attend court proceedings, the issuance of a bailable warrant does not automatically translate into a grant of bail. The accused has the right to apply for regular bail, and the court should consider such applications on their merits, respecting the principles of fairness and personal liberty (!) (!) .

  6. Any decision to send an accused to jail at a later stage, after initial appearance on a bailable warrant, must be made with proper notice, an opportunity to be heard, and based on concrete, justifiable reasons. Arbitrary or mechanical actions are not permissible, and such actions would violate the constitutional guarantee of personal liberty (!) (!) .

  7. The procedural provisions and judicial principles emphasize that the liberty of the individual is paramount, and courts should avoid unnecessary detention. The decision to incarcerate an accused summoned by a bailable warrant should be taken only after careful consideration of all relevant circumstances, ensuring adherence to constitutional rights and due process (!) (!) .

In summary, the legal position strongly favors allowing an accused summoned by a bailable warrant to remain on bail until the trial's conclusion, provided he continues to comply with court directions and does not engage in conduct warranting detention. Any deviation from this principle requires clear, valid reasons and adherence to procedural fairness.


JUDGMENT :

Upon a reference made by a Single Bench of this Court, instant matter has been placed before the Division Bench for answering the referred question. Reference arises out of revision petition, which has been preferred by three petitioners, namely, Manohar Lal Saini, Dinesh Kumar Saini and Umesh Kumar Saini, challenging the order dated 06.03.2014 passed by the court of Additional District and Sessions Judge No.3, Sikar, passed on the application of the complainant filed under Section 319 of the Code of Criminal procedure (for short, 'the Code'), vide which the court has taken cognizance against them. While the charge- sheet was filed by the police against other accused for offence under Sections 143, 323, 341 and 302 IPC, the Investigating Officer kept investigation pending against three petitioners under Section 173(8) of the Code. Learned trial court, however, taking into consideration statement of prosecution witnesses, found that prima facie case was made out to join them as co- accused. It therefore took cognizance against them and summoned them by issue of bailable warrant in the sum of Rs.20,000/- each. Apprehending that in the event of their appearance on 09.04.2014









































































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