Ramchandra Singh vs Santosh Kumar and Another

S.K. Gangele, J.—Heard counsel. This is first application u/s 438 Cr.P.C. The applicant apprehends his arrest in connection with Case No. 1060/2013 registered u/s 420 IPC. The offence has been registered against the applicant on the basis of a private complaint. The allegation against the applicant is that he had purchased a land and thereafter sold the land after dividing it in plots, but he had not given any percentage of benefit to the complainant. The case was registered on a private complaint.

Hon''ble the Supreme Court in Inder Mohan Goswami and Another Vs. State of Uttaranchal and Others, has held as under in regard to issuance of non-bailable warrant if the case is registered on the basis of a private complaint:

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 third instance, when the court is fully satisfied that the accused is avoiding the courts proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to. Personal liberty is paramount, therefore, we caution courts at the first and second instance to refrain from issuing non-bailable warrants.

Looking to the law laid down by Hon''ble the Supreme Court, in my opinion, issuance of non-bailable warrant by the Court is contrary to law.

Hence, the bail application is allowed. It is directed that in the event of arrest of the applicant, he shall be released on bail subject to his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/Investigating Officer, with the condition that as and when he is required, he shall appear before the Investigating Officer or the concerned Authority and shall cooperate in the investigation. The applicant shall also abide by all the conditions enumerated u/s 438(2) of Cr.P.C. Copy of the order be sent to the concerned Court for necessary information and compliance. Certified copy.