Rajasthan High Court - Jodhpur
Dashrath Bhai vs State on 25 November, 2020
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 907/2020
Dashrath Bhai S/o Sh. Kama Bhai, Aged About 37 Years, By
Caste Raval, R/o Dangarwa, Police Station Nandasan, Tehsil Kadi,
District Mehsana At Present Residing At Kheda, Tehsil Viramgam,
Ahmedabad (Gujarat)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. K.L Thakur, through V.C.
For Respondent(s) : Mr. Mukhtiyar Khan, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 25/11/2020 The present misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 02.05.2019 passed by learned Judicial Magistrate Sanchore, District Jalore in Criminal Original Case No.189/2018 whereby the learned Judge forfeiting the bail bonds of the petitioner and issue arrest warrant against the petitioner and initiate the proceedings under Sections 446 Cr.P.C.
Counsel for the petitioner submits that the supplementary charge-sheet was filed by the Police on 7.4.2016 and since then, the petitioner was regularly appeared before the learned trial Court uptil 14.05.2018. But thereafter, the petitioner was informed by his counsel that his presence before the learned trial Court is not required, therefore, he could not appear before the trial Court on the stipulated date and now the petitioner is ready to appear (Downloaded on 25/11/2020 at 09:16:22 PM) (2 of 2) [CRLMP-907/2020] before the trial court and in future he will attend each and every date fixed by the trial Court. He is also ready to deposit the amount of proceedings under Section 446 Cr.P.C. In such circumstances, the arrest warrant so issued against the petitioner may be converted into bailable warrant.
Learned Public Prosecutor oppose the prayer made by the counsel for the petitioner.
Heard the learned counsel for the parties. In these facts and circumstances of the present case, I deem it appropriate that the arrest warrant issued against the petitioner by the trial court be converted into bailable warrant of Rs.50,000/-. The petitioner is directed to appear before the trial within a period of 15 days and submit the bail bond. Petitioner is also directed to appear each and every date fixed by the learned trial Court and deposit the amount of proceedings under Sections 446 Cr.P.C. within fifteen days. If the petitioner fails to appear before the trial Court within the stipulated period, then the trial Court shall issue arrest warrant against the petitioner.
The misc. petition is disposed of accordingly. Stay petition is also disposed of.
(MANOJ KUMAR GARG),J 50-Ishan/-
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