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2019 DIGILAW 1651 (RAJ)

Shankar Lal Salvi v. State of Rajasthan, Through PP

2019-05-24

VINIT KUMAR MATHUR

body2019
JUDGMENT Vinit Kumar Mathur, J. - Heard. 2. The present Misc. petition has been preferred under section 482 Cr.PC claiming the following relief: "It is, therefore, most respectfully prayed that this petition may kindly be allowed and the order dated 16.06.2014 passed by the learned Judicial Magistrate (Ist Class), Kapasan, District Chittorgarh in Criminal Case No.29/2003 (65/2014) may kindly be converted in bailable warrant and the petitioner may kindly be ordered to grant bail in view of judgment passed in the case of Manohar Lal Saini V/s State of Raj, 2016 2 WLC(Raj) 721 ". 3. Counsel for the petitioner limits his argument to the extent that warrant of arrest issued by the learned court below be converted into bailable warrant as the petitioner undertakes to appear before the learned trial court on the date fixed and thereafter. 4. Learned counsel for the petitioner relied upon the precedent law laid down by the Hon'ble Apex Court in Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others, 2008 AIR(SC) 251 . 5. Learned Public Prosecutor opposed the aforesaid submission made on behalf of the petitioner. 6. The petition is disposed of in the light of the precedent law laid down in Inder Mohan Goswami & Anr. V/s State of Uttaranchal & Others, 2008 AIR(SC) 251 passed by Hon'ble Apex Court and in the facts and circumstances of the present case, this court deems it appropriate to convert the arrest warrant issued vide order dated 16.06.2014 into bailable warrant. 7. The petitioner shall appear before the court below in pursuance of the order dated 16.06.2014 and the learned trial court thereafter shall deal with the matter in accordance with law. If the petitioner fails to appear on the date fixed by the trial court, the order of warrant of arrest shall be revived.