Pantyala Eswara Babu vs State

Heard both sides.

The petitioner herein was summoned as a witness in SC No.82 of 1994 on the file of I Add 1.Sessions Judge, Guntur. It appears that on one of the dates of hearing i.e., from 8-6-99 when he was to appear in the Court for recording his evidence in pursuance of the summons received by him, he failed to appear in the Court. On that, the learned Addl. Sessions Judge ordered N.B.W. to be issued which was duly executed and the petitioner was produced in the Court and was remanded to judicial custody. Subsequently on 23-6-99 he moved an application for bail which was rejected by the learned Sessions Judge. It is under these circumstances, the present petition for bail has been filed in this Court.

The learned Counsel for the petitioner points out that the petitioner gave a reason for his non-appearance in the Court on the date of hearing, namely, that he was sick and was unable to travel to the Court. Even assuming that on the failure of the" petitioner to appear in the Court on the date of hearing, issuing NBW was justified. But, there is no reason why the petitioner should not have been granted bail when a regular bail petition was filed explaining the reasons for his failure to attend the Court on the date of hearing.

It is necessary to remember that the witnesses are required to attend the Court to assist the cause of justice. The occasional failure on their part to attend the Court on the ground of illness or otherwise should not result in the witnesses having to be remanded to the custody and even refusal of bail on a request being made for such bail, this would hinder the cause of justice rather than advancing it. Considering the circumstances, this petition is allowed.

Hence, the petitioner is directed to be released on bail on his executing personal bond for a sum of Rs.1,000/- with an undertaking to attend the Court as per the schedule on receiving summons in that behalf.