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Gopal Singh vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 8 December 2020 · Citation: (2020) 12 RAJ CK 0044

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 201, 302, 364 · Code Of Criminal Procedure, 1973 — Section 190
RESULT
Disposed Of
CASE NUMBER
Criminal Revision Petition No. 821 Of 2020
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Judgment

16 paragraphs · 318 words

The present revision petition has been filed by the petitioner against the order dated 01.12.2020 passed by the learned Additional Chief Judicial

Magistrate, Jaitaran by which learned Judge took cognizance against the petitioner for offence under Sections 364, 302, 201 & 120B IPC and issued

arrest warrant against him.

Counsel for the petitioner submits that initially the Police submitted a final report in the matter that no offence is found proved against the petitioner but

later on, the trial court took cognizance against the petitioner on an application filed under Section 190 Cr.P.C. by the complainant and issued arrest

warrant against the petitioner. Counsel has made a limited prayer that the arrest warrant so issued against the petitioner may be converted into

bailable warrant and the petitioner is ready to appear before the trial court.

Learned Public Prosecutor and learned counsel for the respondent No.2 opposed the prayer made by the petitioner.

Heard the learned counsel for the parties. In view of the limited prayer made by the petitioner and taking into consideration the facts that initially the

Police submitted a final report in respect of the present petitioner but later on the trial court took cognizance against the petitioner on an application

under Section 190 Cr.P.C. and issued arrest warrant, I deem it appropriate to convert the arrest warrant into the bailable warrant.

Accordingly the arrest warrant so issued by the trial court vide order dated 01.12.2020 is hereby converted into bailable warrant of Rs.50,000/-. The

petitioner is directed to appear before the trial court within a period of fifteen days from today and submit bail bonds. On submitting the bail bonds, the

trial Court shall release the petitioner on bail. If the petitioner fails to appear before the trial court within the stipulated period, then the trial court shall

issue arrest warrant against him.

The revision petition is disposed of accordingly. Stay petition is also decided.