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IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Sangram Singh - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 3753 of 2021
Decided on : 03-08-2021
Warrant of Arrest - COVID-19 Safety Measures - The court directed the warrant of arrest to be kept in abeyance for three weeks to enable the petitioner to surrender and apply for bail, citing the precedent law and emphasizing the safety of all concerned during the COVID-19 pandemic.
Fact of the Case:
The petitioner sought to convert the warrant of arrest into a bailable warrant due to the COVID-19 situation and expressed readiness to surrender and apply for bail.
Finding of the Court:
The court disposed of the petition with a direction to keep the warrant of arrest in abeyance for three weeks, emphasizing the safety of all concerned and the need for the trial court to decide the bail application in accordance with the law.
Issues: Safety concerns during the COVID-19 pandemic, conversion of warrant of arrest to bailable warrant, and the petitioner's readiness to surrender and apply for bail.
Ratio Decidendi: The court's decision was influenced by the need to maintain caution during the COVID-19 surge, the precedent law cited by the petitioner's counsel, and the emphasis on the trial court's independent decision-making in the bail application.
Final Decision: The warrant of arrest was kept in abeyance for three weeks to enable the petitioner to surrender and apply for bail, with a clear directive that the trial court should decide the bail application in accordance with the law.
JUDGMENT
Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. Learned 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 Hon ble Apex Court in Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others, (2008) AIR 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 a direction that the warrant of arrest issued against the petitioner vide order dated 20.02.2020 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 by 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.
8. Stay petition also stands disposed of.
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