Allowed

Om Prakash Tiwari v. State of Rajasthan through Pp

Rajasthan HC25 Jan 2017CRLMP/507/2017

Case brief

AI extract

What is this about?

This criminal miscellaneous petition sought conversion of a non-bailable warrant into a bailable warrant. The Single Judge allowed the petition, directing conversion conditional on the petitioner's appearance within 15 days and deposit of the fine.

What did the court decide?

Non-bailable warrant converted into bailable warrant; petitioner directed to appear within 15 days and deposit Rs.6000/-.

Om Prakash Tiwari Vs State of Rajasthan… — Civil Procedure and Limitation | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Criminal Misccellaneous (Petition) No. 507 / 2017

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Om Prakash Tiwari S/o Shri Bhagwati Lal Sharma B/c Brahmin, Aged About 44 Years, R/o Choudhary Ki Bagichi, Karauli, At Present 1035, Barkat Nagar, Jaipur.

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----Petitioner

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Versus

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State of Rajasthan Through P.P.

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----Respondent

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_____________________________________________________ For Petitioner(s) : Mr. Sanjay Sharma For Respondent(s) : Mr. NS Shekhawat PP

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Judgment / Order

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25/01/2017

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This petition has been filed against the order dated 4/1/2017 passed by learned Addl. Civil Judge and Metropolitan Magistrate No.2, Jaipur whereby application filed under Sec.70(2) Cr.P.C by the petitioner for converting the arrest warrant into bailable warrant has been dismissed.

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Learned counsel for the petitioner has contended that the 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

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(2 of 2)

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[CRLMP-507/2017]

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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 warrant, provided the petitioner shall appear before the concerned court within a period of 15 days. It is further directed that the petitioner shall deposit the fine of Rs.6000/- 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.6,000/- before executing the bail bonds, he be released on bail immediately.

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(MAHESH CHANDRA SHARMA)J.

Om Prakash Tiwari v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Om Prakash Tiwari 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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