Rajasthan High Court - Jodhpur
Teja Ram Theka @ Tej Ram vs State on 10 March, 2017
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Criminal Misc(Pet.) No. 837 / 2017
Teja Ram Theka @ Tej Ram S/o Shri Thandi Ram, By Caste
Agarwal, R/o House No. 12, Road No. 5, East Punjabi Bagh, New
Delhi.
----Petitioner
Versus
The State of Rajasthan.
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. Pradeep Shah.
For Respondent(s) : Mr. M.S.Panwar, P.P. for the State.
_____________________________________________________
HON'BLE MR. JUSTICE P.K. LOHRA
Order 10/03/2017 Petitioner has filed this misc. petition under Section 482 Cr.P.C. for seeking necessary directions to convert arrest warrant into bailable warrant issued by Special Judge, Anti Corruption Cases, Bikaner vide order dated 04.10.2008 in a case instituted against the petitioner in connection with FIR No.121/1996 of Police Station Central Anti Corruption Bureau, Jaipur for offences under Sections 408, 420, 468, 471, 477A & 120B IPC and Section 13 (1) (c) & (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988.
It is submitted by learned counsel for the petitioner that charge-sheet in the matter was filed before the learned trial Court in his absentia under Section 299 Cr.P.C. and petitioner was totally unaware about the entire case including the investigation in the matter. Learned counsel has also argued that recently he came to (2 of 2) [CRLMP-837/2017] know that standing warrant has been issued against him as he has been arrayed as accused in the aforesaid case. Learned counsel further submits that the petitioner is prepared to surrender before the learned trial Court to face the trial but a limited indulgence be granted to him by converting arrest warrant into bailable warrant.
Learned Public Prosecutor has vehemently opposed the prayer of the petitioner.
Having regard to the facts and circumstances of the case more particularly the fact that FIR relates back to 1996 and charge-sheet in the matter is filed in the year 2008, coupled with petitioner's ignorance about the entire proceedings, I feel it just and appropriate to modify the impugned order whereby standing warrant is issued against the petitioner.
Accordingly, petitioner is directed to appear before learned trial Court on or before 07.04.2017, and upon his appearance, the learned trial Court may release him on bail provided he furnishes requisite bail bonds and complies with other terms and conditions the learned trial Court may deem just and appropriate to impose.
Petition is accordingly disposed of.
(P.K. LOHRA)J. Twinkle/195