Personal Liberty: Rajasthan HC Converts NBW Into Bailable, Says Arrest Order Can't Be Passed Mechanically For Mere Production In Court

Rajasthan High Court recently modified a trial court order issuing non-bailable warrants against an individual accused in a dowry complaint on their failure to appear before the court, irrespective of the fact that a negative final report was filed by the investigation officer in the case.

The bench of Justice Arun Monga observed that personal liberty of a citizen could not be taken so lightly as to mechanically pass orders to arrest him, merely for production before the court unless there was a deliberate attempt to evade court process.

The accused was booked under IPC subsequent to his wife's complaint against him and his family members of harassing her for dowry. After investigation, a negative final report was submitted by the Investigation Officer to which no objection was raised by the complainant.

However, thereafter, a protest petition was filed by the complainant based on which the trial court took cognizance against the petitioners and issued bailable warrants for summoning them. When the petitioners failed to appear, bailable warrants were issued by the trial court against which the petitioners filed this quashing petition.

It was the case of the counsel for the petitioners that the final report was filed by the investigation officer after considering every aspect of the allegations, in light of which the non-bailable warrants issued by the trial court were not sustainable and should be set aside. It was also argued that the summons issued earlier were also not served upon the petitioners.

Aligning with the arguments put forth by the petitioners, the Court held that the non-bailable warrants had been issued by the trial court in a very mechanical manner without proper application of mind.

“Learned counsel for the petitioner has rightly canvassed that the learned trial court ought to have given one more opportunity to the petitioners to cause appearance by issuing bailable warrant, instead of directly issuing non-bailable warrant upon his failure to be personally present.”

The Court further held that unless the petitioners were deliberately evading court process, such mechanical passing of non-bailable warrants against them could not be allowed as it threatens personal liberty of a citizen.

Accordingly, the Court quashed the order issuing non-bailable warrants against the petitioners, converting it into bailable warrants and directed them to appear before the trial court.

Title: Madan Lal & Ors. v State of Rajasthan & Anr.

Citation: 2024 LiveLaw (Raj) 203

Click Here To Read/Download Order