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NEUTRAL CITATION

R/CR.RA/820/2026 ORDER DATED: 27/03/2026

0.6458244707034205

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY SUBORDINATE COURT) NO. 820 of 2026

With R/CRIMINAL REVISION APPLICATION NO. 823 of 2026

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M/S. AUTOMOBILE STERLING THROUGH PAVAN KAPOOR W/O SH.

TARUN KAPOOR & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

KURVEN K DESAI(7786) for the Applicant(s) No. 1,2,3 BHARGAV PANDYA APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MS. JUSTICE GITA GOPI

Date : 27/03/2026

ORDER

1. The prayer is made for conversion of non-bailable warrant to bailable warrant which was ordered to be issued by the learned Additional Chief Judicial Magistrate, Ahmedabad on 20.01.2026. Learned Advocate Mr. Monarch Pandya for learned Advocate Mr. Kurven Desai submitted that the petitioner are desirous of challenging the conviction order and sentence of the same date passed under Section 138 of the

Negotiable Instruments Act.

2. Learned Advocate Mr. Monarch Pandya submitted that since non-bailable warrant has been issued and the sentence could not be suspended for the appeal to be preferred, the order of non-bailable warrant comes in the way of the

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NEUTRAL CITATION

R/CR.RA/820/2026 ORDER DATED: 27/03/2026

0.6458244707034205

petitioner to move the appellate Court to challenge the conviction judgment.

3. The impugned order came to be passed in-absentia and therefore, non-bailable warrant under Section 418 (2) of the

Code of Criminal Procedure was ordered.

4. Having considered the provisions of Section 418 (2) of the Cr.PC and as per under instructions, advocate Mr. Pandya submits that the non-bailable warrant has not yet been executed to the petitioner. Hence, made a prayer to allow file the appeal before the appellate Court challenging the

judgment of conviction and sentence.

5. In the case of Lallan Singh and others Vs. State of Uttar Pradesh, the Hon’ble Supreme Court made the observations in

paras 10, 10.1, 10.2 and 10.3, which are elicited as under:

“10. The legal position as to the process that should follow an order or conviction is much too clear to require any special emphasis. We say so because Chapter XXXII of the Code of Criminal Procedure, 1973, prescribes the process and the procedure to be followed for execution of sentence of death and/or other sentences awarded to convicts. We may in particular refer to Sections 417, 418, 472 and 420 Cr.PC which deal with the power to appoint place of imprisonment of the convict, the execution of sentence of imprisonment and the direction of warrant for execution as also the persons with

whom the same has to be lodged:

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NEUTRAL CITATION

R/CR.RA/820/2026 ORDER DATED: 27/03/2026

0.6458244707034205

10.1 Section 418 of the Code in particular deals with execution of sentence imprisonment and inter alia empowers and obliges the court passing the sentence to forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is otherwise confined in such jail or other place to forward him to such jail or other place with a warrant. In terms of sub-section (2) of Section 418, where the accused is not present in the Court when sentence of imprisonment as is mentioned in sub-section (1) is pronounced, the Court is required to issue a warrant for his arrest for the purpose of forwarding him to jail or other place in which he is to be confined and in such cases the sentence shall commence on the date of his arrest. There is thus no gainsaying that upon conviction of an accused and sentence of imprisonment aw