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2017 Supreme(Raj) 65
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHESH CHANDRA SHARMA, J.
Mohan Lal Agarwal S/o Shri Prahlad Ram - Petitioner
Versus
State of Rajasthan Through P.P. - Respondent
S.B. Criminal Miscellaneous (Petition) No. 209 of 2017
Decided On : 10-01-2017
For the Petitioner: Mr. Mahendra Shadilya.
For the Respondent: Mr. R.S. Shekhawat.
The court has the discretion to set aside an impugned order and provide directions for the conversion of a non-bailable warrant into a bailable warrant based on the facts and circumstances of the case.
Headnote:
Section 70(2) CrPC - Non-bailable Warrant - The court set aside the impugned order and directed that if the petitioner appears before the court concerned within 15 days and deposits the fine, his non-bailable warrant will be converted into bailable warrant and he shall be released on bail.
Fact of the Case:
The petitioner filed a petition against the order dismissing his application under Section 70(2) CrPC, contending that he was falsely implicated and is ready to deposit the fine imposed by the court.
Finding of the Court:
The court set aside the impugned order and provided directions for the petitioner to appear before the court, deposit the fine, and fulfill certain conditions to have the non-bailable warrant converted into a bailable warrant.
Issues: Implication of the petitioner, dismissal of the application under Section 70(2) CrPC, conversion of non-bailable warrant into bailable warrant.
Ratio Decidendi: The court considered the petitioner's contentions and the opposition by the Public Prosecutor, and based on the facts and circumstances, provided directions for the conversion of the non-bailable warrant into a bailable warrant.
Final Decision: The impugned order was set aside, and the petitioner was directed to appear before the court, deposit the fine, and fulfill certain conditions to have the non-bailable warrant converted into a bailable warrant.
1. This Cr. Misc. Petition has been filed by the petitioner against the order dated 14/12/2016 passed by Metropolitan Magistrate No. 8, Jaipur Metropolitan, Jaipur in Case No. 787/2007, whereby the application filed by the petitioner under Section 70(2) CrPC has been dismissed.
2. Learned counsel for the petitioner has contended that the accused petitioner has been falsely been implicated in the matter and he is an innocent person. He could not inform by his advocate concerned therefore he could not appear before the court and resultantly his bail bonds were forfeited and non bailable warrants were issued against the petitioner. The petitioner moved the application u/s. 70(2) CrPC before the Court below, but the same has been dismissed. He has further contended that the petitioner is ready to deposit the fine, as imposed by this Court. In these circumstances, it has been prayed that the non-bailable warrant issued against the petitioner may be converted into bailable warrant.
3. The learned Public Prosecutor has opposed this prayer.
4. Keeping in view the facts and circumstances, this petition is disposed of with the following directions:
(i) The impugned order is set-aside and it is directed that if the petitioner appears before the court concerned within 15 days from today and deposits Rs. 9000/- as fine with the court below at the time of furnishing the bail bonds, his non bailable warrant will be converted into bailable warrant and he shall be released on bail, provided he furnishes a personal bond of Rs.5,00,000/- with two sureties of Rs. 2,50,000/- each to the satisfaction of the trial court with the stipulation that he shall appear before that court on all subsequent dates of hearing and as and when called to do so, and shall not jump the bail in future.
(ii) If the petitioner does not appear before the Court below within the stipulated period and does not deposit the fine, as indicated here-in-above, then this order passed by this Court will not come in the way of passing the fresh order by the court below.
