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2017 Supreme(Raj) 64
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHESH CHANDRA SHARMA, J.
Asif N Mir S/o Shri Nazir Ahmed Mir - Petitioner
Versus
State of Rajasthan Through PP - Respondent
Criminal Miscellaneous (Petition) No. 132 of 2017
Decided On : 10-01-2017
For the Petitioners: Mr. Sandeep Pathak
For the Respondents: Dr. RS Shekhawat, PP
The court has the discretion to impose specific conditions for converting a non-bailable warrant into a bailable warrant, including the deposit of a fine and furnishing of a personal bond with sureties.
Headnote:
Section 70(2) CrPC - Conversion of Non-Bailable Warrant to Bailable Warrant - The court directed the petitioner to appear before the court concerned and deposit a fine to convert the non-bailable warrant into a bailable warrant, along with specific conditions for release on bail.
Fact of the Case:
The petitioner filed a petition against the order dismissing his application under Section 70(2) CrPC, seeking conversion of a non-bailable warrant into a bailable warrant due to a misunderstanding with his advocate resulting in the forfeiture of his bail bonds.
Finding of the Court:
The court directed the petitioner to appear before the court concerned and deposit a fine to convert the non-bailable warrant into a bailable warrant, with specific conditions for release on bail.
Issues: Misunderstanding between petitioner and advocate, forfeiture of bail bonds, conversion of non-bailable warrant to bailable warrant, deposit of fine.
Ratio Decidendi: The court has the discretion to set aside an impugned order and impose specific conditions for converting a non-bailable warrant into a bailable warrant, including the deposit of a fine and furnishing of a personal bond with sureties.
Final Decision: The impugned order was set aside, and the petitioner was directed to appear before the court concerned, deposit a fine, and fulfill specific conditions for release on bail.
1. This Cr. Misc. Petition has been filed by the petitioner against the order dated 20.12.2016 passed by Metropolitan Magistrate No. 18, Jaipur Metropolitan, Jaipur in Cr. Case No. 136/2012, whereby the application filed by the petitioner under Section 70(2) CrPC has been dismissed.
2. Without going into the merits of the case, learned counsel for the petitioner has contended that he has already given the copy of the Demand Draft of Rs. 2.00 lakh, which is lying in the Court’s file. Learned counsel for the petitioner has further contended that petitioner was on bail, but due to misunderstanding between the petitioner and his advocate, the petitioner could not appear before the Court concerned, resultantly his bail bonds were forfeited and non bailable warrant has been 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 till 31.1.2017 and deposits Rs. 1000/- 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. 2,00,000/- (Two Lakh) with two sureties of Rs. 1,00,000/- (Rs. One Lakh) 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.
