Romil Jain vs State Of Rajasthan (2023/Rjjd/015942) on 18 May, 2023

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Rajasthan High Court - Jodhpur

Romil Jain vs State Of Rajasthan (2023/Rjjd/015942) on 18 May, 2023

Bench: Manoj Kumar Garg

[2023/RJJD/015942]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 362/2023

Romil Jain S/o Shri Ramesh Chandra Jain, Aged About 40 Years,
R/o Bahubali Colony, P.s. Rajtalab, District Banswara , Rajasthan.
                                                                        ----Petitioner
                                      Versus
1.        State Of Rajasthan, Through Pp
2.        Dinesh Kumar S/o Shri Mohan Lal Bunkar, R/o Housing
          Board, P.s. Kotwali, District Banswara, Rajasthan.
                                                                     ----Respondents


For Petitioner(s)           :     Mr. SS Rathore
For Respondent(s)           :     Mr. Vikram Sharma, PP



           HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 18/05/2023 The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against order dated 19.12.2022 passed by learned Sessions Judge, Banswara in Criminal Revision No.55/2022 whereby the revisional court dismissed the revision of the petitioner and affirmed the order dated 06.08.2022 passed by learned Additional Chief Judicial Magistrate, Banswara by which learned trial Court took cognizance under Section 420, 406 & 120- B of IPC and issued summon to the petitioner.

Learned counsel for the petitioner submits that earlier police had submitted Final Report in this case stating therein no case has been made out against the petitioner but later on the court below took cognizance against the petitioner under Section 319 Cr.P.C. Thereafter, the trial Court issued summon to the petitioner and after service of summon, when petitioner did not appear before the trial Court then the (Downloaded on 18/05/2023 at 11:41:02 PM) [2023/RJJD/015942] (2 of 2) [CRLMP-362/2023] trial Court issued arrest warrant against the him. A limited prayer has been made by counsel for the petitioner that the petitioner is ready to appear before the trial Court but the arrest warrant so issued against him may be converted into bailable warrant.

Learned Public Prosecutor has opposed the prayer of the petitioner.

I have considered the arguments advanced before me and carefully gone through the material available on record.

Admittedly, after investigation Police did not find the offence proved against the petitioner and later on, when complainant filed an application under Section 319 Cr.P.C., trial Court took cognizance against the petitioner and issued summon to the petitioner but the petitioner failed to appear before the trial Court and the trial Court issued arrest warrant against him. Taking into consideration the facts and circumstances of the case, I deem it appropriate to convert the arrest warrant issued by the trial Court against the petitioner into bailable warrant of Rs.30,000/-.

Accordingly, it is directed that if the petitioner appear before the trial Court within a period of fifteen days and submit the bail bonds of Rs.30,000/- each, the trial Court shall release the petitioner on bail However, it is made clear that in case, the petitioner does not appear before the trial Court within the stipulated period, the trial Court shall issue warrant of arrest against the petitioner.

The present criminal misc. petition is hereby disposed of. Stay petition also stands disposed of.

(MANOJ KUMAR GARG),J 5-raksha/-

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Rajasthan High Court - Jodhpur