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.

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 succeed. All the aforesaid accused took her niece away in the Marshal vehicle. Kamla told about this incident at home. Thereafter, they made every possible efforts to recover the prosecutix. It was also alleged in the report that they also met husband of the Sarpanch of the Village Israel who assured them to hand over the girl. It was also alleged in the complaint that the accused persons have converted the religion of her girl and refused to give custody of the girl. The said complaint was forwarded for investigation under Section 156(3) Cr.P.C. and FIR No. 25/2011 came to be registered at Police Station Kama for offence under Section 366 IPC.

4. The police conducted investigation in the matter and filed charge-sheet against accused Nisar for offences under Sections 366 and 376 IPC. The concerned magistrate court after taking cognizance against the accused Nisar, committed the case to learned sessions court. The learned Sessions Court framed charges against the accused Nisar for offences under Sections 366, 368, 376 and 506 IPC. The accused pleaded not guilty and claimed trial. However, after recording statements of five prosecution witnesses namely PW.1 Nanga, PW.2 Mohd. Jahur, PW. Rupa and PW.4 Sumanlata and PW.5 Abdul Rehman at trial, ib 03.02.2012, an application under Section 319 Cr.P.C was filed on behalf of the prosecutrix before the learned sessions court with a prayer to take cognizance against Islamuddin, Nisar, Mojuda, Chain, Nihal, Rahis, Yakub, Imran, Anis, Jalis, Ajam as additional accused. On 27.03.2012, the prosecutrix moved another application under Section 319 Cr.P.C. to take cognizance against Deen Mohammad, the then SHO PS Jurhara as an additional accused. The learned Sessions Court vide its order dated 23.07.2012 allowed the application dated 03.02.2012 and took cognizance against the accused Islamuddin, Mojuda, Chain, Rahish and Nihal for offences under Sections 366, 368, 376 and 506 IPC and against accused Yakub, Imran, Anish, Jalis and Ajam for offence under Section 376 IPC and summoned them through bailable warrants in the sum of Rs. 10,000/- each. However, the another application dated 27.03.2012 to take cognizance against the then SHO PS Jurhara was rejected. Since the accused persons Jalish Pradhan, Imran, petitioner herein, Chain, Ajam, Yakub, Rahish, Mojuda and Mohd. Anish could not appear before the learned Sessions Court and bailable warrants received unserved, the learned court below directed initiation of proceedings under Sections 82 & 83 Cr.P.C and declared them proclaimed offender and issued standing warrant of arrest against the aforesaid accused persons including Imran, petitioner herein. The petitioner thereafter moved an application under Section 70(2) for converting the standing warrant of arrest into bailable war