Rajasthan High Court - Jodhpur
Jitendra vs Gopilal on 15 January, 2020
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6792/2019
Jitendra S/o Sh. Shantilal Chajer, Aged About 35 Years, B/c Jain,
R/o Behind Icici Bank, Delwara, Teh. Nathdwara, Dist.
Rajsamand.
Versus
Badrilal S/o Kajod Khatik, R/o Delwara, Tehsil Nathdwara,
District Rajsamand.
----Respondent
Connected with
S.B. Criminal Misc(Pet.) No. 6794/2019
Jitendra S/o Sh. Shantilal Chajer, Aged About 35 Years, B/c
Jain, R/o Behind Icici Bank, Delwara, Teh. Nathdwara, Dist.
Rajsamand.
----Petitioner
Versus
Badrilal S/o Kajod Khatik, R/o Delwara, Tehsil Nathdwara,
District Rajsamand.
----Respondent
S.B. Criminal Misc(Pet.) No. 6795/2019
Jitendra S/o Sh. Shantilal Chajer, Aged About 35 Years, B/c
Jain, R/o Behind Icici Bank, Delwara, Teh. Nathdwara, Dist.
Rajsamand.
----Petitioner
Versus
Muslim Khan Pathan S/o Shamsher Khan Pathan, R/o Kamli Ka
Guda, Gram Panchayat Kaliwas, Tehsil Delwara, Dist.
Rajsamand.
----Respondent
S.B. Criminal Misc(Pet.) No. 6796/2019
Jitendra S/o Sh. Shantilal Chajer, Aged About 35 Years, B/c
(Downloaded on 15/01/2020 at 08:52:08 PM)
(2 of 4) [CRLMP-6792/2019]
Jain, R/o Behind Icici Bank, Delwara, Teh. Nathdwara, Dist.
Rajsamand.
----Petitioner
Versus
Gopilal S/o Kaluji, B/c Dangi, R/o Matata Chhapara, Tehsil
Girwa, District Udaipur.
----Respondent
For Petitioner(s) : Ms. Varsha Purohit
Ms. Khusboo Paliwal
For Respondent(s) : Mr. S.S. Purohit, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 15/01/2020 These criminal misc. petitions have been filed by the petitioner being aggrieved with order dated 4.12.2019 passed by Additional Sessions Judge, Nathdwara (for short 'the appellate court' hereinafter) in four criminal appeals filed by the petitioner whereby the appellate court has cancelled the bail of the petitioner and summoned him through warrants of arrest. The appellate court has also ordered for initiating the proceedings against the petitioner under Section 446 Cr.P.C.
Learned counsel for the petitioner has submitted that due to some unavoidable circumstances, the petitioner failed to appear before the appellate court on 4.12.2019, however, his Advocate was present but the court below refused to exempt the petitioner from his personal presence and cancelled the bail and also ordered for initiation of proceedings against the petitioner under Section 446 Cr.P.C.
(Downloaded on 15/01/2020 at 08:52:08 PM)
(3 of 4) [CRLMP-6792/2019] Learned counsel for the petitioner has submitted that the petitioner is ready to surrender before the appellate court on or before 20th of January, 2020 and till then, the warrants of arrest issued against the petitioner may be kept in abeyance.
Learned Public Prosecutor has opposed the bail application. It appears that in four separate complaints filed under Section 138 of Negotiable Instruments Act against the petitioner, he was convicted by the trial court against which he preferred separate appeals which are pending consideration in the Court of Additional Sessions Judge, Nathdwara. On 4.12.2019, the petitioner was not present and no sufficient reason was furnished to the appellate court for his absence, therefore, the appellate court has ordered for cancellation of his bail and also ordered for initiating proceedings against him under Section 446 Cr.P.C. in all four appeals and summoned him through warrant of arrest.
In the facts and circumstances of the case and taking into consideration the fact that the petitioner is ready and willing to surrender before the appellate court on his own, I deem it appropriate to allow these criminal misc. petitions with a direction to the petitioner to surrender before the appellate court on or before 20th of January, 2020.
Therefore, these criminal misc. petitions are disposed of with a direction to the petitioner to surrender before the appellate court in all the four appeals on or befor e 20th January, 2020. Till 20th of January, 2020, the warrants of arrest issued against the petitioner by the appellate court vide order dated 4.12.2019 shall be kept in abeyance. After his surrender, if bail applications are preferred by the petitioner, the (Downloaded on 15/01/2020 at 08:52:08 PM) (4 of 4) [CRLMP-6792/2019] appellate court shall consider and decide the same expeditiously, strictly in accordance with law.
It is made clear that if the petitioner fails to appear before the appellate court in all the four appeals on or before 20 th January, 2020, the order of issuance of warrant of arrest against the petitioner will automatically be revived. It is also made clear that the proceedings under Section 446 Cr.P.C. initiated against the petitioner will be continue.
(VIJAY BISHNOI),J 141-Babulal/-
(Downloaded on 15/01/2020 at 08:52:08 PM) Powered by TCPDF (www.tcpdf.org)