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2019 DIGILAW 2546 (RAJ)

Om Prakash v. State of Rajasthan

2019-09-20

MANOJ KUMAR GARG

body2019
JUDGMENT Manoj Kumar Garg, J. - The present misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 25.07.2019 passed by the learned Chief Judicial Magistrate, Deogarh, District Rajsamand whereby the trial court dismissed the application filed by the petitioner under Sections 70(2) Cr.P.C for recalling the arrest warrant issued against him. 2. Counsel for the petitioner submits that till 25.07.2019 notices issued by the trial court were not served upon the petitioner. Earlier the Police submitted final report in this case but the trial court has taken cognizance against the petitioner for offence under Section 467 Cr.P.C. and issued summon against him but the summon was not served till 25.07.2019 and all of a sudden the trial court issued arrest warrant against the petitioner. Counsel submits that the petitioner is ready to appear before the trial court and in future the petitioner will attend each and every date fixed by the trial court and prayed that the arrest warrant so issued against the petitioner may be converted into bailable warrant. 3. Learned Public Prosecutor does not oppose the prayer made by the petitioner. 4. Heard the learned counsel for the parties. 5. From perusal of the order-sheets of the trial court filed by the petitioner, it appears that the summon so issued by the trial court was not served upon the petitioner and the trial court issued arrest warrant against him. 6. In view of above and limited prayer made by the petitioner, I deem it appropriate to convert the arrest warrant so issued by the trial Court against the petitioner into bailable warrant of Rs.30,000/-. The petitioner is directed to surrender before the trial court on or before 04.10.2019 and furnish the bail bonds. On furnishing the bail bonds, the trial court shall release the petitioner. If the petitioner fails to surrender before the trial court within the stipulated period, the trial court shall issue arrest warrant against him. 7. The misc. petition is disposed of accordingly. 8. Stay application is also decided.