Netaram vs. State

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc(Pet.) No. 3847/2018

Netaram S/o Khanuram Ji, B/c Bishnoi, Aged About 67 Years, resident of Gram Pilwa, P.S. Lohawat, District Jodhpur.

----Petitioner

Versus

State of Rajasthan.

----Respondent

For Petitioner(s) : Mr. Roshan Lal

For Respondent(s) : Mr. V.S. Rajpurohit, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

01/11/2018

1. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. against the order dated 01.08.2018 passed by learned Judicial Magistrate No.1, Barmer (At present Judicial Magistrate, Barmer) in Case No.1687/2009 whereby standing warrant of arrest was issued against the petitionerwitness*.*

2. Counsel for the petitioner makes a limited prayer that the warrant of arrest and standing warrant of arrest issued against the petitioner by the learned Court below may be converted into bailable warrant, and that the petitioner is ready and willing to surrender before the learned trial court and apply for bail.

3. 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 reported in AIR 2008 SC, 251.

4. Learned Public Prosecutor opposed the aforesaid submission made on behalf of the petitioner.

5. After hearing learned counsel for the parties as well as perusing the record of the case alongwith the precedent law cited at the Bar, the present petition is disposed of with the direction that the warrant of arrest and standing warrant of arrest issued against the petitioner vide orders dated 19.07.2018 and 01.08.2018 respectively shall be kept in abeyance for a period of three weeks to enable the petitioner to surrender before the trial court and apply for bail.

6. Needless to say that the trial court shall decide the bail application of the petitioner in accordance with the provisions of law.

7. It is clarified that in case, the petitioner fails to surrender before the concerned court within the stipulated period of three weeks from today, the present order shall cease to operate and law shall take its own course.

(DR. PUSHPENDRA SINGH BHATI),J

/zeeshan/