Nitesh vs State Of Rajasthan

Manoj Kumar Garg, J

Instant misc. application has been filed on behalf of the petitioner seeking correction/modification in the order dated 09.04.2024, passed by this Court in SB Criminal Revision Petition No.442/2024 whereby the revision was disposed of and the arrest warrant were converted into bailable warrant of Rs.50,000/-.

Learned counsel for the petitioner submits that due to typographical error, in the order dated 09.04.2024, the facts have wrongly been mentioned that “the learned trial court allowed the application filed by the respondent-complainant under Section 319 Cr.P.C. and took cognizance against the petitioner for offences under Sections 395,412, and 120B of the IPC and also issued arrest warrant against them.” Counsel submits that the correct facts are that the learned trial court vide impugned order dated 19.03.2024 rejected the petitioner’s application filed under Section 70(2) of Cr.P.C. for converting the non-bailable warrant into bailable warrant. Counsel prays that necessary correction may be made in the order dated 09.04.2024 passed by this Court.

The error in the order dated 09.04.2024 is apparent on the face of record.

In view of submissions made and for the reason stated in the application, the same is allowed. The order dated 09.04.2024 passed in SB Cr. Revision Petition No.442/2024 is modified and now be read as under :

“The instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner against order dated 19.03.2024 passed by learned Additional Sessions Judge No.3, Chittorgarh, in Criminal Case No.04/2024 whereby learned trial Court rejected the application filed by the petitioner under Section 70(2) Cr.P.C. for converting the non-bailable warrant into bailable warrant.

A limited prayer has been made by counsel for the petitioner that the petitioner is ready to appear before the trial Court, so the non-bailable warrant issued against him may be converted into bailable warrant. He is also ready to deposit the amount under Section 446 Cr.P.C. before the trial Court.

Learned Public Prosecutor has opposed the prayer of the petitioner.

I have considered the arguments advanced before me and carefully gone through the material available on record.

In view of limited prayer made by the counsel for the petitioner, this Court deems it appropriate to convert the non-bailable warrant so issued against the petitioner by the trial court into bailable warrant of Rs.50,000/-. The petitioner is directed to appear before the trial court within 15 days from today and submit the bail bonds. Upon submitting the bail bonds, the trial Court shall release the petitioner on bail. The petitioner shall also deposit the amount under Section 446 Cr.P.C. within a period of 15 days from today. However, it is made clear that in case, the petitioner fails to appear before the trial Court within the stipulated period, then the trial Court shall again issue arrest warrant against him.

The present criminal revision petition is hereby disposed of accordingly.

Stay petition also stands disposed of.”