Allowed

Mohammad Islam S/O Narsi, v. State of Rajasthan

Rajasthan HC14 Mar 2024CRLMP/1472/2024

Case brief

AI extract

What is this about?

Allowed a Section 482 Cr.PC petition by the petitioner facing charges under Sections 279, 337, and 338 IPC. The petitioner, having surrendered and deposited costs, was directed to appear by 15.04.2024, after which the trial court must determine penalties and release him on bail.

What did the court decide?

Standing arrest warrant stayed until 15.04.2024; petitioner directed to surrender and deposit Rs. 5,000; trial court to determine penalty and release petitioner on bail thereafter.

Mohammad Islam S/O Narsi, Vs State of… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:12823]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1472/2024

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Mohammad Islam S/o Narsi, R/o Guraksar, Police Station Hathin, District Mewat Nuh (Haryana).

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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. Azad Ahmed For Respondent(s) : Mr. Laxman Meena, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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14/03/2024

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Instant criminal misc. petition under Section 482 Cr.PC has been filed by petitioner-accused, challenging the order dated 14.02.2024 passed by the Court of Sessions Judge, Tonk, dismissing the revision petition being CIS No.10/2024 and affirming the order dated 12.01.2024 passed in Case No.293/2009 by the Court of Chief Judicial Magistrate, Tonk, whereby application filed by petitioner under Section 70(2) Cr.PC to convert his arrest warrant into bailable warrant, has been dismissed.

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Learned counsel for the petitioner submits that the petitioner was enlarged on bail in the present criminal case registered for offences u/s. 279, 337 & 338 IPC, wherein a verbal compromise was entered into with the complainant, however the same was not executed and the petitioner was under presumption that on the basis of such verbal compromise, the criminal case is closed, therefore, he could not appear before the Court. Due to non

[2024:RJ-JP:12823]

[CRLMP-1472/2024]

(2 of 2)

appearance of the petitioner, his bail bonds were canceled and arrest warrant was issued. Therefore, the petitioner filed application u/s. 70(2) Cr.PC for converting arrest warrant into bailable one.

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After arguing for some time, learned counsel for petitioner, on instructions of the petitioner, submits that the petitioner is ready to surrender before the trial Court and undertakes to deposit cost of Rs.5,000/- before the trial Court along with the penalty as determined by the trial Court in proceedings u/s. 446 Cr.PC.

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Having considered nature of offence in the present criminal case, wherein the petitioner has already been released on bail and that the petitioner entered into a verbal compromise with complainant, therefore, in totality of facts and circumstances of the case, this Court deems it just and proper to dispose of the present petition by following order:-

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(i) The petitioner shall surrender before the trial Court on or before 15.04.2024 and move regular bail application before 12.00 PM of the working day, subject to deposition of cost of Rs.5,000/- before the trial Court.

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(ii) The trial Court shall proceed to conclude proceedings u/s. 446 Cr.PC and shall determine the penalty payable by the petitioner.

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(iii) If the petitioner deposits the penalty amount, he may be enlarged on bail on suitable terms & conditions to be imposed by the trial Court to ensure his presence in future to conclude the proceedings of the case, expeditiously.

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(iv) Till appearance of the petitioner before the trial Court on 15.04.2024, the standing arrest warrant issued against the petitioner shall remain stayed.

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All pending application(s), if any, stand(s) disposed of.

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(SUDESH BANSAL),J

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Sachin/23

Mohammad Islam S/O Narsi, v. State of Rajasthan

Case brief

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Mohammad Islam S/O Narsi, v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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