2025 (3) TMI 1444 - HC - Indian Laws

Challenge to order from the Judicial Magistrate No. 2 North Kota which refused to convert a non-bailable warrant into a bailable warrant - HELD THAT - Taking into consideration the totality of the facts and circumstances of the case and the limited prayer made on behalf of the accused petitioner so also the observations made by the Coordinate Bench of this Court and the Apex Court in the orders referred the present criminal misc. petition is disposed of. The non-bailable warrant dated 07.12.2004 issued against the accused petitioner is converted into bailable warrant and the petitioner is directed to appear before the Court below within a period of 15 days from the date of passing of this order. Application disposed off.

Summary

In the case before the Rajasthan High Court, presided over by Hon'ble Mr. Justice Ganesh Ram Meena, the accused petitioner challenged an order from the Judicial Magistrate No. 2, North, Kota, which refused to convert a non-bailable warrant into a bailable warrant. The original order was related to Criminal Case No. 1927/2017, connected to FIR No. 250/1999 for offenses under Sections 403, 406, and 420 of the IPC.The petitioner, represented by Mr. Gautam Bhadadra, requested the conversion of the non-bailable warrant into a bailable warrant, citing precedent cases, including orders from the same court and a judgment from the Supreme Court in Vikas Vs. State of Rajasthan (2014) 3 SCC 321. The court acknowledged that it is a well-settled principle that initially, accused persons should be summoned with bailable warrants.Considering the facts, circumstances, and limited scope of the petitioner's request, the court decided to convert the non-bailable warrant dated 07.12.2004 into a bailable warrant. The petitioner was instructed to appear before the lower court within 15 days from the order's date. All pending applications were also disposed of.