Dr. Ashwani Kumar vs State Of Rajasthan

This petition has been filed under Section 482 Cr.P.C. seeking conversion of standing arrest warrant issued against the petitioner into bailable

warrant.

Heard learned counsel for both the sides and perused the material made available on record.

Learned counsel for the accused-petitioner submits that in this matter compromise has been arrived at between the parties. Absence of the

accused-petitioner is bonafide as he was in the impression that due to compromise the proceedings must have come to an end. Accused-petitioner

was not aware of standing warrant issued against him, therefore while placing reliance on S.B. Criminal Misc. Petition No.1564/2006 Kailash Chand

Meena vs. State of Rajasthan and S.B. Criminal Misc. Petition No.1534/2012 Virendra Kumar vs. State of Rajasthan And Another, learned counsel

prays that the petition may be allowed. In the alternative, he requests that petitioner is ready to produce compromise alongwith the complainant-injured

before the Trial Court, therefore, the Trial Court may be directed to take evidence of the complainant and decide the bail application of the petitioner

on the same day.

Learned Public Prosecutor has no objection to the limited prayer.

This Court is not inclined to convert standing warrant into bailable warrant, however, keeping in view the facts and circumstances of the case and

particularly having regard to the submissions made on behalf of the petitioner, this Petition is disposed of with the direction that the accused-petitioner

shall appear alongwith the complainant-injured before the Trial Court on 14.07.2020 or in case Trial Court is not sitting or not working, on next day and

file compromise in the matter. Learned Trial Court shall call for the case file from record room in advance and list the same on 14.07.2020 and on that

day it shall examine the complainant-injured and if the bail application is filed by the petitioner, the same shall be disposed of on the same day in

accordance with law.

Certified copy of the order be issued after depositing the required fees. Other defects are ignored.