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Judgment
7 paragraphs · 236 wordsKuldeep Mathur, J
The present criminal miscellaneous petition under Section 482 of CrPC has been filed by the petitioner against the order dated 01.02.2023 passed by the Additional Chief Judicial Magistrate, Dungarpur (hereinafter referred to as, the learned Trial Court), whereby the learned Trial Court issued arrest warrant against the petitioner.
Learned counsel for the petitioner submitted that the petitioner is facing the trial of the case since the year 2020. Since there was spread of pandemic COVID-19 and the Courts were hearing urgent matters only, the case of the petitioner was not taken up for effective hearing. Thus, due to this reason, the petitioner could not put in appearance before the learned Trial Court. It was further submitted that looking to the offences alleged against the petitioner, the arrest warrant issued against him may be converted into bailable warrant.
Per Contra, learned Public Prosecutor has opposed the prayer made by learned counsel for the petitioner.
Having regard to the facts and circumstances of the case, this Court deems it appropriate to convert the arrest warrant of the petitioner into bailable warrant, and hence, the arrest warrant issued against the petitioner is converted into bailable warrant. The learned Trial Court is directed to issue bailable warrant for a sum of Rs. 20,000/- against the present petitioner.
With the above directions, the present criminal miscellaneous petition is disposed of.
The stay petition also stands disposed of accordingly.