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2019 Supreme(Raj) 548
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Kanwaljit Singh Ahluwalia, J.
Abrar Ahmad S/o Shri Ramzani Khan – Petitioner
Versus
State of Rajasthan, Through PP. and Ors. – Respondents
S.B. Criminal Miscellaneous (Petition) No. 2067 of 2019
Decided On : 15-04-2019
For the Petitioner: Mr. Jitendra Pandey
For the Respondent: Mr. Atul Sharma PP
Headnote:
Criminal Procedure Code, 1973 – Section 70 (2),482 – Quashment of proceedings – Bail – Praying inter-alia order passed by Additional Chief Judicial Magistrate, whereby application filed by petitioner under section 70 (2) Cr.P.C. has been rejected and arrest warrants issued, be set aside – Held, During course of arguments, submitted that petitioner is ready and willing to surrender before trial court and apply for bail – Petitioner fail to surrender before concerned Court within stipulated period – Petition disposed of (Paras 6 & 7)
Facts of the case:
Praying inter-alia order passed by Additional Chief Judicial Magistrate, whereby application filed by petitioner under section 70 (2) Cr.P.C. has been rejected and arrest warrants issued, be set aside
Findings of the court:
During course of arguments, submitted that petitioner is ready and willing to surrender before trial court and apply for bail – Petitioner fail to surrender before concerned Court within stipulated period
Result: Petition disposed of
ORDER :
Heard.
2. Instant petition under Section 482 Cr.P.C. has been preferred by the accused-petitioner praying inter-alia that the order dated 11.3.2019, passed by the Additional Chief Judicial Magistrate, Dudu, Jaipur, whereby the application filed by the petitioner under section 70 (2) Cr.P.C. has been rejected and arrest warrants issued, be set aside.
3. The learned counsel appearing for the petitioner, during the course of arguments, has submitted that the petitioner is ready and willing to surrender before the trial court and apply for bail.
4. Having heard counsel for the petitioner, the present petition is disposed of by issuing a direction that the arrest warrant issued against the petitioner shall be kept in abeyance for the period of three weeks to enable the petitioner to surrender before the trial court and apply for bail.
5. Needless to say that the trial court shall decide the bail application of the petitioner in accordance with the provisions of law without being influenced of any observations made herein above by this Court.
6. It is clarified that in case the petitioner fail to surrender before the concerned Court within the stipulated period of three weeks, the present order shall cease to operate and law shall take its own course.
7. In view of the above, the present petition is, disposed of.
8. Upon final disposal of the main petition, the stay application filed therewith does not survive and same is also disposed of.
