Disposed

Kamlendra Singh v. State of Rajasthan

Rajasthan HC11 Feb 2021CRLMP/901/2021

Case brief

AI extract

What is this about?

The High Court at Jodhpur disposed of a criminal miscellaneous petition under Section 482 Cr.P.C. directed that the arrest warrant be kept in abeyance for three weeks to allow surrender before the trial court, without influencing the trial court's ultimate bail decision.

What did the court decide?

Arrest warrant kept in abeyance for three weeks to enable surrender before the trial court.

Kamlendra Singh Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2021)

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[CRLMP-901/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 901/2021

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Kamlendra Singh S/o Shri Himmat Singh, Aged About 35 Years, Amritiya P.s. Aspur, District Dungarpur.

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Shrimati Kailash D/o Koja Ram Ji, Aged About 32 Years, Aspur, District Dungarpur.

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Shree Om Prakash S/o Koja Ram Ji, Aged About 35 Years, Aspur, District Dungarpur.

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Shree Shaitan Singh S/o Koja Ram Ji, Aged About 39 Years, Aspur, District Dungarpur.

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Shrimati Madi Devi W/o Koja Ram Ji, Aged About 60 Years, Aspur, District Dungarpur.

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Shree Sunil S/o Bjanupratap, Aged About 32 Years, Aspur, District Dungarpur.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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Shrimati Nainara @ Vijendra Singh, R/o Salwakala, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Pradeep Kumar Paliwal For Respondent(s) : Mr. S.K. Bhati, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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11/02/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. claiming the following reliefs:

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“It is, therefore, respectfully prayed that this misc. petition may kindly be allowed and order dated 15.04.2019 passed by Additional Chief Metropolitan Magistrate (Criminal Offence) Jodhpur Metropolitan in Final Report No.22/2011 titled as Nainaram Alias Vijendra Singh Vs. State of Rajasthan whereby the learned Magistrate took cognizance under Section 302/34,120-B Indian Penal Code may kindly be quashed and set aside.

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[CRLMP-901/2021]

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Any other appropriate relief which this Hon’ble Court deems fit and proper may kindly be passed in favour of the petitioner.”

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Learned counsel for the petitioner submits that the arrest

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warrant issued vide order dated 15.04.2019 be relaxed to enable the petitioner to go and appear before the learned trial court.

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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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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 warrant of arrest issued against the petitioner vide order dated 15.04.2019 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.

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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 by any observation made herein above by this Court.

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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.

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(DR.PUSHPENDRA SINGH BHATI),J.

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127-Zeeshan

Kamlendra Singh v. State of Rajasthan

Case brief

What is this about?

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Kamlendra Singh v. State of Rajasthan

Case brief

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