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Ganesh Patel v. State of Rajasthan

Rajasthan HC14 Feb 2024CRLMP/118/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan converted the petitioner's arrest warrant into a bailable warrant and fixed a surety sum, dismissing the opposition that the petitioner's repeated absences justified forfeiture.

What did the court decide?

The arrest warrant issued against the petitioner is converted into a bailable warrant. The Sessions Court is directed to issue the bailable warrant for Rs. 50,000/-.

Ganesh Patel Vs State of Rajasthan — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:7856]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 118/2024

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Ganesh Patel S/o Shri Shankar Bhai Patel, Aged About 57 Years, R/o Pragati Hospital, State Highway, Near Pump, Khedbrahma, District Sabarkantha (Gujrat)

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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. Chaitanya Kumar Gehlot
	Mr. Krishna Sharma
	Mr. Shiva Gahlot
For Respondent(s)	: Mr. Vikram Sharma,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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14/02/2024

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The present criminal miscellaneous petition under Section 482 of CrPC has been filed by the petitioner against the order dated 07.12.2023 passed by learned Sessions Judge, Jalore in Sessions Case No.107/2023 whereby the learned Sessions Judge forfeited the bail bonds of the petitioner and issued arrest warrant against him and also initiated proceedings under Section 446 of Cr.P.C.

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Learned counsel appearing for the petitioner submits that the sessions case is pending against the petitioner since the year 2023. It is further submitted that due to agitation made by Karni Sena, there was a blockade on roads and it is on this count alone that the petitioner could not appear before the learned Sessions Court on the relevant date, but while deciding the application

[2024:RJ-JD:7856]

[CRLMP-118/2024]

(2 of 2)

submitted by the petitioner, the learned Sessions Court has not considered this aspect of the matter. It is submitted that looking to the offences alleged against the petitioner, the arrest warrant issued against him may be converted into bailable warrant.

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Learned Public Prosecutor opposed the prayer made by the learned counsel for the petitioner. It is submitted that the petitioner remained absent on three consecutive dates and, therefore, the learned Sessions Court has rightly passed the order impugned.

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Having regard to the facts and circumstances of the case, this Court deems it appropriate to convert the arrest warrant of the petitioner into bailable warrant, and hence, it is ordered that the arrest warrant issued against the petitioner is converted into bailable warrant. Learned Sessions Court is directed to issue bailable warrant for a sum of Rs. 50,000/- against the petitioner.

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The petitioner is directed to appear before the learned Sessions Court on or before 29.02.2024.

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With the above directions, the present criminal miscellaneous petition is disposed of.

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The stay application also stands disposed of accordingly.

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(MADAN GOPAL VYAS),J

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256-manila/-

Ganesh Patel v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ganesh Patel v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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