Order

Per Mahendar Kumar Goyal, J.

The following question has been referred to be answered by this Larger Bench:-

“Whether the arrest warrants issued against the accused committing economic offence or heinous offences like murder/rape/dowry death/dacoity etc. can be converted into bailable warrants as a matter of right of the accused by invoking the powers contained under Sections 70(2) Cr.P.C. and 72(2) B.N.S.S. as a matter of right?”

The aforesaid question has been referred by a learned Single Judge of this Court under the following factual backdrop.

The learned Single Judge, while hearing a Criminal Miscellaneous Petition No. 1947/2025 filed under Section 482 Cr.P.C against the order dated 11.03.2025 passed by learned Additional Chief Judicial Magistrate (Economic Offences) Jaipur Metropolitan-II in criminal case No. 15/2024 whereby, an application filed by the petitioner under Section 70(2) Cr.P.C. for converting the non-bailable warrant into bailable warrant, was rejected, found the judgments of Coordinate Benches to have conflicting views. After referring the judgments of the learned Single Judges of this Court in the cases of Girdhar Gopal Bajoria Vs. Rajesh Kumar Sharma an