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ANIL KUMAR UPMAN
Imran – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner has filed the instant revision petition assailing the order dated 30.09.2022 passed by learned Addl. Sessions Judge, Kama District Bharatpur in Criminal Case No. 573/2022 whereby the application under Section 70(2) Cr.P.C. filed on behalf of the petitioner for converting standing warrant of arrest into bailable warrant has been dismissed.
2. Heard learned counsel for the petitioner and learned Public Prosecutor.
3. Brief facts of this case are that the complainant Nanga filed a complaint before the court of Judicial Magistrate, Kama inter alia alleging that his niece Mst. 'S', aged 16 years has been residing with her for the last two years. On 20.10.2010 at about 4:00-5:00 PM, the prosecutrix was returning home along with her aunt Kamla. At that time, a white colour Marshal vehicle was stationed near B.K. Haryana Crasher Machine. Nishar, Mojuda, Nihal, Rahis, Islamuddin, Chain and some other persons were standing there. They all tried to catch and forcibly take her niece away in the vehicle upon which, the prosecutrix and her aunt Kamla raise hue and cry. On hearing the noise, Rupa and Mahmood came there and tried to rescue the prosecutrix but could not succe
The court ruled that a belief of absconding must be substantiated by evidence of service of warrants; without such proof, a standing warrant can be converted into a bailable warrant.
Court must record satisfaction of evasion of arrest before issuing non-bailable warrants or proclamations under Section 82 of Cr.P.C.
In normal circumstances, courts are required to issue summons or bailable warrants before issuing non-bailable warrants, as per Section 70 of the CrPC.
In normal circumstances, either summons or bailable warrant should be issued at the first instance, and non-bailable warrant should only be issued if the accused does not respond to the bailable warr....
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