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2005 Supreme(Raj) 138
High Court Of Rajasthan
Judgename : K.C. Sharma
Mahesh Kumar - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Petition No. 1146 of 2004
Decided On : 01/18/2005
Mr. Anoop Dhand, for the Petitioner.
Mr.S.N. Gupta, Public Prosecutor.
The court has the discretion to convert an arrest warrant into a bailable warrant based on sufficient cause, and the petitioner's non-appearance and inadequate explanation were key factors in the court's decision.
Headnote:
Arrest Warrant - Conversion to Bailable Warrant - The court dismissed the petitioner's application for conversion of arrest warrant into a bailable warrant, as there was no sufficient cause for the conversion. The petitioner's non-appearance and the lack of a valid explanation led the court to conclude that it was not a fit case for the conversion of the arrest warrant.
Fact of the Case:
The petitioner was facing trial for offences under Sections 279, 337, and 338 IPC. The trial Court ordered forfeiture of his bail bonds and issued a standing arrest warrant due to the petitioner's failure to appear.
Finding of the Court:
The court found that there was no sufficient cause for the conversion of the arrest warrant into a bailable warrant, as the petitioner did not appear in court and offered an inadequate explanation for his non-appearance.
Issues: The issue was whether the arrest warrant should be converted into a bailable warrant based on the petitioner's application under Sections 70(2), CrPC.
Ratio Decidendi: The court's decision was influenced by the petitioner's non-appearance and the lack of a valid explanation, leading to the conclusion that it was not a fit case for the conversion of the arrest warrant.
Final Decision: The petition under Section 482, CrPC was dismissed, with the observation that if the petitioner surrenders before the trial Court and submits an application for bail, it shall be considered and disposed of on the same day.
K.C. Sharma, J.-Heard Counsel for the parties and perused the order sought to be challenged in this miscellaneous petition.
2. Petitioner Mahesh Kumar is facing trial for offence under Sections 279, 337 and 338 IPC pending in the Court of Additional Chief Judicial Magistrate No. 8, Jaipur City, Jaipur. He was on bail. Since the petitioner failed to appear in the Court for sufficiently long time, the trial Court ordered forfeiture of his bail bonds on 25.02.1999 and issued standing arrest warrant. It was in these circumstances that the petitioner moved an application under Sections 70(2), CrPC for conversion of arrest warrant into bailable warrant on the grounds enumerated in the application. The learned trial Court vide its order under challenge, dismissed the petitioner application. Hence, the present petition.
3. It appears from the order of the trial Court that there was no good ground for conversion of arrest warrant into bailable warrant and accordingly the trial Court dismissed the petitioners application. Undisputedly, the accused petitioner did not appear on any of the dates fixed by the trial Court. The only explanation offered by the petitioner for his non-appearance was that he was assured by his Counsel that he would be called as and when needed. In my view the trial Court has rightly rejected the petitioners application on the ground of there being no sufficient cause for coversion of arrest warrant into bailable warrant. In my considered view, it is not a fit case where standing warrant of arrest issued against the petitioner should be converted into bailable one.
4. Consequently, this petition under Section 482, CrPC has no merit and is accordingly dismissed, with the observations that if the petitioner surrendrs before the trial Court and submits an application for grant of bail, the same shall be considered and disposed of by the trial Court on the same day.
