Supreme Court on issuance of non bailable warrants.

Since the execution of non bailable warrant directly involves curtailment of liberty of a person, warrant of arrest cannot be issued mechanically but only after recording satisfaction that in the facts and circumstances o the case it is warranted. The Courts have to be extra cautious and careful while directing issue of non bailable warrants else a wrongful detention would amount to denial of constitutional mandate envisaged in Article 21 of the Constitution of India. At the same time, there is no gainsaying that the welfare of an individual must yield to that of community. Therefore, in order to maintain the rule of law, and to keep the society in functional harmony, it is necessary to strike a balance between an individual’s rights, liberties and privileges on the one hand, and the State on the other.”

— Justice D.K.Jain in Raghuvansh Dewanchand Bhasin vs. State of Maharashtra (2012) 9 SCC 791


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