Disposed

Vinod Kumar S/O Shri Babulal Agarwal, v. State of Rajasthan

Rajasthan HC29 May 2024CRLMP/2697/2024

Case brief

AI extract

What is this about?

The High Court dismissed the Criminal Misc. petition seeking conversion of a non-bailable arrest warrant into a bailable warrant. While finding no illegality in the trial court's order, the Court permitted the petitioner to appear on a fixed date and submit bail bonds, directing the trial court to accept them and keeping the arrest warrant in abeyance.

What did the court decide?

Petitioner directed to appear before Trial Court on 14.06.2024 to submit bail bonds; trial court directed to accept same; arrest warrant kept in abeyance until 14.06.2024.

Vinod Kumar S/O Shri Babulal Agarwal, Vs… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:25725]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2697/2024

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Vinod Kumar S/o Shri Babulal Agarwal, Aged About 41 Years, R/o Masunda Police Station Nagal Chodhary District Mahendragarh Haryana At Present Rent House No. 11B, Shivpuri Colony Kalwarroad Jhotwara, Jaipur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent

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For Petitioner(s) : Mr. Abhishek B. Sharma For Respondent(s) : Mr. Sanjeev Mahala, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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29/05/2024

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The instant petition has been filed under Section 482 Cr.P.C assailing the order dated 24.04.2024 passed by Additional Civil Judge and Metropolitan Magistrate No-6, Jaipur Metropolitan-I in Criminal Case no. 48/2015, whereby, an application filed by the petitioner under Section 70(2) of Cr.P.C for converting non-bailable arrest warrant into bailable warrant has been dismissed.

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Learned counsel for the petitioner submits that petitioner could not appear before the learned trial court as he was not informed by his counsel. He submits that absence of petitioner before the learned trial court was bonafide and not intentional. He submits that petitioner is facing criminal trial under Section 379 of IPC.

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Learned State Counsel opposes the submissions made by the learned counsel for the petitioner and submits that petitioner was

[2024:RJ-JP:25725]

[CRLMP-2697/2024]

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well aware about the proceedings and even then he did not appear before the trial court on the date fixed for hearing. He further submits that learned trial court has rightly dismissed the application preferred by the petitioner.

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I have heard the parties and perused the material available on record.

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It is evident from the record that petitioner did not appear before the learned trial court on 12.02.2018, therefore, his bail bonds were forfeited and he was summoned through warrant of arrest. Later on, standing arrest warrant was issued on 05.07.2018.

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Considering the aforesaid submissions, I do not find any illegality or perversity in the impugned order passed by learned trial court. Thus, I do not find it a fit case to convert non-bailable arrest warrant into bailable warrant. However, this criminal misc. petition is disposed of with direction that petitioner shall appear before the Additional Civil Judge and Metropolitan Magistrate No6, Jaipur Metropolitan-I on or before 14.06.2024 and submit his bail bonds. Trial court is directed to accept the same.

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Till 14.06.2024, warrant of arrest issued against the petitioner shall be kept in abeyance. If petitioner fails to appear before the trial court on or before 14.06.2024, this order will lose its currency.

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Consequently, this criminal misc. petition stands disposed of.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /369

Vinod Kumar S/O Shri Babulal Agarwal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vinod Kumar S/O Shri Babulal Agarwal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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