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2017 DIGILAW 2203 (RAJ)

Pawan Kumar v. State of Rajasthan

2017-10-13

PANKAJ BHANDARI

body2017
JUDGMENT : Pankaj Bhandari, J. 1. Petitioner has preferred this criminal misc. petition aggrieved by order dated 19.09.2017 passed by Additional Metropolitan Magistrate No. 10, Jodhpur Metropolitan, whereby the application filed by the petitioner under Section 70(2) Cr.P.C. 1973 for converting non-bailable warrant into bailable warrant was dismissed. 2. It is contended by counsel for the petitioner that the matter pertains to dishonor of cheque. The Court instead of issuing summons, issued bailable warrants against the petitioner and on appearance of petitioner proceeded to issue non-bailable warrants and thereafter, proceeded under Section 82 and 83 of Cr.P.C. 3. It is contended that the petitioner is not residing in Jaipur and was not aware of the issuance of arrest warrant and of the proceedings under Section 82 and 83 of Cr.P.C. 4. Counsel for the petitioner has placed reliance on Virendra Kumar vs. State of Rajasthan and Another, 2012 WLC (Raj.) UC 619. 5. Learned Public Prosecutor has opposed the misc. petition. His contention is that the offence under the Negotiable Instrument Act is bailable offence and the petitioner instead of approaching the Court in misc. petition should have surrender before the Court and submit bail bonds as directed by the trial Court. 6. I have considered the contentions. 7. In Virendra Kumar vs. State of Rajasthan and Another (supra) the facts of which are almost akin to the facts of the present case, summons were issued to the accused-petitioner who did not appear and Court proceeded to issue non-bailable warrants and initiated proceedings under Section 82 and 83 of Cr.P.C. Petitioner therein, preferred an application under section 70 (2) of Cr.P.C. 1973 which was rejected. Rajasthan High Court while allowing the application directed that the arrest warrants issued by the trial Court be converted into bailable warrants and permitted the petitioner to appear before the Court below and furnish bail bonds. 8. In the present case in hand, no summons were issued and at the first instance, bailable warrants were issued. Petitioner did not appear and non-bailable warrants were issued and proceedings under Section 82 and 83 were initiated. Having regard to the fact and circumstances of this case, in the interest of justice, this Court deems it appropriate to convert non-bailable warrant into bailable warrant. 9. Accordingly, misc. Petitioner did not appear and non-bailable warrants were issued and proceedings under Section 82 and 83 were initiated. Having regard to the fact and circumstances of this case, in the interest of justice, this Court deems it appropriate to convert non-bailable warrant into bailable warrant. 9. Accordingly, misc. petition is disposed with the direction that the arrest warrant issued by the trial Court shall stand converted into bailable warrant in the Sum of Rs. 50,000/-. Petitioner shall appear and submit bail bonds in before the trial Court on or before 10.11.2017. If the petitioner appears before the trial Court in pursuance of this order, proceedings initiated under Section 82 and 83 of Cr.P.C. shall stand dropped. However, it is made clear that in the event of non appearance of the petitioner before the trial Court in direction of this order, the order impugned passed by the trial Court shall stand restored.