Allowed

Babloo@Prasant Saxena v. State of Rajasthan through Pp

Rajasthan HC15 Apr 2014CRLMP/1711/2014

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the petitioner's criminal miscellaneous petition under Section 482 Cr.P.C. due to a misunderstanding with counsel that prevented court appearance. The court converted the non-bailable warrant into a bailable warrant, directing the petitioner to appear within one month and deposit Rs. 10,000.

What did the court decide?

Non-bailable warrant converted to bailable warrant; petitioner to appear within one month and deposit Rs. 10,000 fine.

Babloo@Prasant Saxena Vs State of Rajasthan through Pp — Bail and Remand | Rajasthan HC (2014)

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In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur O R D E R

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S.B. Criminal Miscellaneous Petition No. 1711 of 2014.

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Babloo @ Prasant Saxena Vs. State

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Date of Order ::: 15.04.2014

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Hon'ble Mr. Justice Mahesh Chandra Sharma

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Mr. Abdul Kalam Khan, Counsel for the petitioner Mr. Sudesh Saini, Public Prosecutor for the State

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***

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This petition has been filed under Section 482 Cr.P.C. with

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the following prayer :-

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“It is humbly prayed that the of the petitioner be kindly allowed and the impugned dated 28.8.2013 be quashed and set aside and non-bailable warrant may kindly be converted into bailable warrant.

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Any other order of direction, which your lordships may deem just and proper in the facts and circumstances of the case be passed in favour of the humble petitioner and in the interest of justice.”

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Learned counsel for the petitioner has contended that the

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accused-petitioner is a poor and unemployed person, hence he went out of State to earn his livelihood, and due to this reason, he could not appear in the court due to misunderstanding between him and his counsel, hence non-bailable warrant issued against him may be converted into bailable warrant. It is further contended that the petitioner is ready to deposit the fine.

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Learned Public Prosecutor has opposed the same.

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Looking to the facts & circumstances of the case, and the fact that the petitioner could not appear in the court on the fixed date due to misunderstanding between him and counsel, I am of the considered view that this petition deserves to be disposed of.

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Accordingly, this petition is disposed of. The non-bailable warrant issued against the petitioner be converted into bailable

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warrant, provided the petitioner shall appear before the concerned court within a period of one month from the date of receipt of certified copy of this order. It is further directed that the petitioner shall deposit the fine of Rs.10,000/- before executing the bail bonds. It is expected of the trial court that if the petitioner appears within the stipulated period and deposit the fine of Rs.10,000/- before executing the bail bonds, he be released on bail immediately.

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Stay application also stands disposed of.

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(Mahesh Chandra Sharma ] J.

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ashok/Certificate - All corrections have been incorporated in the judgment/order being emailed. Ashok Kumar Songara/P.A.cum J.W.

Babloo@Prasant Saxena v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Babloo@Prasant Saxena v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Parties & counsel

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