Disposed

Kuldeep v. State

Rajasthan HC22 Sept 2021CRLMP/847/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a miscellaneous petition seeking to convert a non-bailable warrant to a bailable warrant and allow surrender. The Court directed the non-bailable warrant to be kept in abeyance for three weeks to facilitate surrender and bail application in the trial court.

What did the court decide?

Non-bailable warrant against petitioner kept in abeyance for a period of three weeks to enable surrender and bail application.

Kuldeep Vs State — Bail and Remand | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 847/2020

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Kuldeep S/o Sh. Subhash Chander, Aged About 23 Years, By Caste Brahmin, R/o Bhakrawali, Tehsil Sangaria, Dist. Hanumangarh.

----Petitioner

Versus

State, Through P.p.

For Petitioner(s)	: Mr. V.K. Bhadu	----Respondent
For Respondent(s)	: Mr. Gaurav Singh, PP

¶8

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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22/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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The matter pertains to registration of a criminal case against the petitioner and others for the offences under Sections 447, 323, 341, 143 of IPC.

¶13

Counsel for the petitioner limits his argument that the nonbailable warrant issued by the learned court below be converted into bailable warrant, and that the petitioner is ready and willing to surrender before the learned trial court and apply for bail.

¶14

Learned counsel for the petitioner relied upon the precedent law laid down by the Hon’ble Apex Court in Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others reported in AIR 2008 SC, 251 .

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(2 of 2)

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[CRLMP-847/2020]

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Learned Public Prosecutor opposed the aforesaid submission made on behalf of the petitioner.

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After hearing learned counsel for the parties as well as perusing the record of the case alongwith the precedent law cited at the Bar, the present petition is disposed of with the direction that the non-bailable warrant issued against the petitioner vide order dated 18.11.2019 shall be kept in abeyance for a period of three weeks to enable the petitioner to surrender before the trial court and apply for bail.

¶19

Needless to say that the trial court shall decide the bail application of the petitioner in accordance with the provisions of law without being influenced of any observation made herein above by this Court.

¶20

It is clarified that in case, the petitioner fails to surrender before the concerned court within the stipulated period of three weeks from today, the present order shall cease to operate and law shall take its own course.

¶21

Stay petition stands disposed of.

¶22

(DR.PUSHPENDRA SINGH BHATI),J.

¶23

25-Zeeshan

Kuldeep v. State

Case brief

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Kuldeep v. State

Case brief

What is this about?

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