The court established that a standing arrest warrant can be held in abeyance to allow a petitioner to surrender and seek bail, emphasizing adherence to legal procedures and the rights of the accused.

Headnote:
BAIL - STANDING ARREST WARRANT - The court addressed the conversion of a standing arrest warrant into a bailable warrant, emphasizing the importance of allowing the petitioner to surrender and apply for bail. The court referenced precedent law to support its decision, ultimately deciding to keep the arrest warrant in abeyance for three weeks to facilitate the petitioner's compliance with legal procedures.
Fact of the Case:

The petitioner sought to convert a standing arrest warrant into a bailable warrant, expressing readiness to surrender and apply for bail in light of the COVID-19 pandemic.
Finding of the Court:

The court acknowledged the petitioner's willingness to surrender and considered the legal precedent cited, deciding to keep the arrest warrant in abeyance for three weeks to allow for the bail application process.
Issues: Whether the standing arrest warrant should be converted into a bailable warrant and the implications of the petitioner's willingness to surrender.
Ratio Decidendi: The court's decision was influenced by the need to balance the enforcement of the law with the rights of the petitioner to seek bail, as established in the cited precedent.
Result: The standing arrest warrant was kept in abeyance for three weeks, allowing the petitioner to surrender and apply for bail, with the trial court instructed to decide the bail application based on legal provisions.

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. Counsel for the petitioner limits his argument that the standing arrest warrant 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. Learned counsel for the petitioners 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.

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

4. 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 standing arrest warrant issued against the petitioner vide order dated 03.01.2020 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.

5. Needless to say that the trial court shall decide the bail application of the petitioners in accordance with the provisions of law without being influenced of any observation made herein above this Court.

6. 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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