Pukhraj vs State Of Rajasthan

Dr.Nupur Bhati, J

The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against order dated 21.11.2022 passed by learned Additional Sessions Judge, Bilara, District Jodhpur whereby learned trial Court had, while forfeiting the bail bonds and issuing arrest warrant, ordered to initiate the proceedings under Section 446 Cr.P.C. against the petitioner.

A limited prayer has been made by counsel for the petitioner that since the matter was transferred to the learned trial Court at Bilara from the court of Jodhpur Metro, Jodhpur in absence of the petitioner and he was not having knowledge of the date, therefore, he could not appear before the learned trial Court and now he is ready to appear before the trial Court, the arrest warrant so issued against him may be converted into bailable warrant.

Learned Public Prosecutor has opposed the prayer of the petitioner.

In view of limited prayer made by the counsel for the petitioner, this Court deems it appropriate to convert the arrest warrant so issued against the petitioner by the trial court into bailable warrant of Rs.30,000/-. The petitioner is directed to appear before the trial court within 20 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 20 days from today. However, it is made clear that in case, the petitioner does not appear before the trial Court within the stipulated period, the trial Court shall issue warrant of arrest against him.

The criminal misc. petition is hereby disposed of. Stay petition also stands disposed of.

However, trial Court is directed to decide the matter as early as possible.