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2019 DIGILAW 1884 (RAJ)

Mahaveer Chand Mehta v. State of Rajasthan

2019-07-03

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: (i) It is, therefore, most respectfully prayed that Criminal Misc. Petition of the petitioner may kindly be allowed with cost, the impugned order dated 15.05.2019 passed by learned Chief Judicial Magistrate, Pali in P.C. Case No.51/2007 (1296/2014) Anna Ram vs. K.Parasmal & Others may kindly be quashed and set aside and; (ii) In alternate the warrant of arrest may kindly be converted into bailable warrant and learned lower court may kindly be directed to release the accused on bail when he attend the court on next date of hearing . 3. The counsel for the petitioner submits that it is a case where pure civil transaction has been entered into between the parties. The matter pertains to sale of a plot in the year 1999. Cognizance for the offences under sections 420, 467, 468, 471 and 120-B IPC has been taken by the learned trial court in the year 2019 on a complaint filed in the year 2006. 4. 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. 5. 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 . 6. Learned Public Prosecutor opposed the aforesaid submission made on behalf of the petitioner. 7. 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 15.05.2019 into bailable warrant. 8. The petitioner shall appear before the court below in pursuance of the order dated 15.05.2019 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.