Dismissed

Mahendra Yadav S/O Shri Prabhu Yadav B/C Yadav v. State of Rajasthan

Rajasthan HC5 Sept 2019CRLMP/4633/2019

Case brief

AI extract

What is this about?

High Court dismissed a criminal miscellaneous petition filed by a petitioner seeking conversion of arrest warrants into bailable warrants. The court rejected the plea, noting the petitioner had been absconding since 2011 after failing to appear on summons, causing an eight-year delay in the trial of a 2007 case, finding no ground made out for the conversion.

What did the court decide?

Criminal Misc. Petition dismissed; stay application disposed; petitioner free to appear and move appropriate bail application.

Mahendra Yadav S/O Shri Prabhu Yadav B/C Yadav Vs State of… — Bail and Remand | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4633/2019

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Mahendra Yadav S/o Shri Prabhu Yadav B/c Yadav, R/o Pathredi, Ps Kotputli, District Jaipur Rural.

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----Petitioner

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Versus

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State Of Rajasthan, through PP

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----Respondent

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For Petitioner(s) : Mr. Nishant Sharma. For State : Mr. Arvind Bhadu, PP.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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05/09/2019

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Accused/petitioner has preferred this Criminal Misc. Petition aggrieved by order dated 01.06.2019 passed by Additional Chief Judicial Magistrate (Communal Riots Cases), Jaipur Metropolitan, whereby application filed by the petitioner under Section 70(2) of Cr.P.C. was dismissed.

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It is contended by counsel for the accused/petitioner that accused/petitioner went for earning his livelihood and he was informed by his counsel that whenever he would be required, he would appear before the court.

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Learned Public Prosecutor has opposed the Criminal Misc. Petition. It is contended that due to absconding of petitioner since 2011, case of the year 2007 is still pending.

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I have considered the contentions and have perused the impugned order.

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(2 of 2)

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[CRLMP-4633/2019]

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From perusal of the impugned order, it is revealed that petitioner was facing trial. He did not appear before the Court below on 20.01.2011, on which he was summoned by non-bailable warrants. Petitioner has now moved an application after eight years for converting the arrest warrants into bailable warrants. Since petitioner has remained absconding for a period of eight years and trial has not proceeded because of the absence of petitioner, no ground is made out for converting the arrest warrants into bailable warrants.

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In view of the same, Criminal Misc. Petition is dismissed. Stay application stands disposed.

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However, petitioner would be free to appear before the concerned Court and move appropriate bail application.

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(PANKAJ BHANDARI),J

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CHANDAN /62

Mahendra Yadav S/O Shri Prabhu Yadav B/C Yadav v. State of Rajasthan

Case brief

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Mahendra Yadav S/O Shri Prabhu Yadav B/C Yadav v. State of Rajasthan

Case brief

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What the court decided

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