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2019 Supreme(Raj) 2208

IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Banshi Lal - Appellant
Versus
State Of Rajasthan, Through Pp And Another - Respondent
Criminal Misc. (Pet.) No. 723 of 2019
Decided On : 01-03-2019

Advocates Appeared:
Mr. B. Ray Bishnoi, Advocate, for the Appellant; Mr. Mahipal Bishnoi, Public Prosecutor, for the Respondents

Headnote:

Warrant of Arrest - Criminal Law - The court directed the warrant of arrest against the petitioner to be kept in abeyance for three weeks to enable the petitioner to surrender and apply for bail, citing precedent law and emphasizing that the trial court should decide the bail application in accordance with the provisions of law.

Fact of the Case:

The petitioner sought to convert the warrant of arrest into a bailable warrant and expressed readiness to surrender and apply for bail.

Finding of the Court:

The court disposed of the petition with the direction to keep the warrant of arrest in abeyance for three weeks, allowing the petitioner to surrender and apply for bail, emphasizing that the trial court should decide the bail application in accordance with the law.

Issues: Conversion of warrant of arrest, readiness to surrender, bail application

Ratio Decidendi: The court relied on precedent law and emphasized that the trial court should decide the bail application in accordance with the provisions of law.

Final Decision: The warrant of arrest against the petitioner was directed to be kept in abeyance for three weeks to enable the petitioner to surrender and apply for bail, with a clarification that failure to surrender within the stipulated period would result in the order ceasing to operate.

JUDGMENT

1. Counsel for the petitioner submits that charge-sheet has been filed, however, no offence has been proved against the present petitioner. Counsel for the petitioner has demonstrated from charge-sheet that offence were found proved against the offenders, namely, Hanuman Ram, Jeeja Bai and Bhabhoot Singh.

2. Counsel for the petitioner limits his argument that the warrant of arrest issued by the learned Court below be converted into bailable warrant, and that the petitioner is ready and willing to surrender before the learned trial court and apply for bail.

3. Learned counsel for the petitioner relied upon the precedent law laid down by the Honble Apex Court in Inder Mohan Goswami & Another v. State of Uttaranchal & Others reported in AIR 2008 SC 251 .

4. Learned Public Prosecutor opposed the aforesaid submission made on behalf of the petitioner.

5. After hearing learned counsel for the parties as well as perusing the record of the case alongwith the precedent law cited at the Bar, the present petition is disposed of with the direction that the warrant of arrest issued against the petitioner vide order dated 23.2.2018 shall be kept in abeyance for a period of three weeks to enable the petitioner to surrender before the trial court and apply for bail.

6. 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 observation made herein above this Court.

7. It is clarified that in case, the petitioner fails to surrender before the concerned court within the stipulated period of three weeks from today, the present order shall cease to operate and law shall take its own course.

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