Rajasthan High Court - Jaipur
Jitender Kaushik S/O Shri Murari Lal vs State Of Rajasthan on 4 January, 2023
Author: Anoop Kumar Dhand
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 11160/2022
Jitender Kaushik S/o Shri Murari Lal, Aged About 38 Years,
Resident Of Rz-98, East Krishna Vihar, Khaira Road, Nazafgarh,
New Delhi-110043.
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Balbir Singh S/o Shri Deepchand Meghwal, Resident Of
Karwad P.S. Kotkasim, District Alwar, Rajasthan.
----Respondents
For Petitioner(s) : Mr. M.S. Saharan, Adv. For Respondent(s) : Mr. Prashant Sharma, PP HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 04/01/2023 Instant petition has been filed by the petitioner against the impugned order dated 27.08.2022 passed by the Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, Alwar by which application filed by the petitioner under Section 70(2) of Cr.P.C. for converting the non-bailable warrant into bailable warrant has been rejected.
Counsel submits that initially when the FIR was registered against the petitioner, he appeared before the Investigating Officer and interrogation was done with the petitioner and after investigation, police proposed F.R. negative in this matter. Counsel submits that subsequently the matter was further investigated and charge-sheet was submitted against him under Section 299 Cr.P.C. Counsel submits that the petitioner is (Downloaded on 11/01/2023 at 11:44:17 PM) (2 of 2) [CRLMP-11160/2022] ready and willing to face the trial. So the non-bailable warrant issued against the petitioner be converted into bailable warrant.
Per contra, learned Public Prosecutor has opposed the prayer made by the learned counsel for the petitioner and submitted that the petitioner remain absconding and charge sheet was submitted against him under Section 299 Cr.P.C. Hence indulgence of this Court is not warranted.
Heard and considered the rival submissions of the parties and perused the material available on record.
This fact is not in dispute that initially when the FIR was registered against the petitioner, he was appeared before the Investigating Officer and he was interrogated and after investigation, FR negative was proposed. It appears that subsequently further investigation was done and charge-sheet was submitted against the petitioner under Section 299 Cr.P.C. Now the investigation is complete. Presence of the petitioner is required for the purpose of facing the trial.
The Petitioner is directed to appear before the trial Court within 15 days from today. The trial Court shall treat the appearance of the petitioner as appearance on bailable warrant.
With the aforesaid directions, the instant petition as well as the stay application stands disposed of.
(ANOOP KUMAR DHAND),J MR/60 (Downloaded on 11/01/2023 at 11:44:17 PM) Powered by TCPDF (www.tcpdf.org)