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2025 DAILYLAW 2641 (RAJ)

PUSHPENDRA SINGH SON OF SHRI SURENDRA SINGH v. STATE OF RAJASTHAN

CRLMP/93/2025 · 2025-01-09

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 93/2025 Pushpendra Singh Son of Shri Surendra Singh, Resident Of Village Badwa, Police Station Anta, District Baran (Raj). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 09/01/2025 1. Aggrieved by the order dated 21.12.2024, the petitioner has approached this Court by way of filing of this petition. By passing the impugned order, the learned Magistrate has rejected the application filed by the petitioner under Section 70(2) Cr.P.C. and refused to convert the non-bailable warrants into bailable warrants. 2. Counsel for the petitioner submits that the petitioner is suffering from cardiac disease and he was under treatment and because of the aforesaid reason, he could not appear before the Trial Court on 02.09.2023, hence, under these circumstances, his bail bonds and surety bonds were forfeited and arrest warrants have been issued against him. Counsel submits that the petitioner is regularly facing trial before the Trial Court since 2018 and he is ready and willing to appear before the Trial Court, therefore, the non- (2 of 2) [CRLMP-93/2025] bailable warranted issued against the petitioner be converted into bailable warranted. 3. Per contra, learned Public Prosecutor opposed the prayer. 4. Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that on account of illness and cardiac disease, the petitioner could not appear on the fateful day before the Trial Court and his bail bonds were forfeited and also looking to the fact that the petitioner is facing trial since 2018 and he is ready and willing to appear on the future dates, the instant criminal misc. petition stands allowed. 5. The impugned order stands quashed and set aside and non-bailable warrants issued against the petitioner are converted into bailable warrants. 6. The petitioner is directed to appear before the Trial Court on the next date. The Trial Court is further directed to release the petitioner on suitable terms after getting the personal and surety bonds from him. 7. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J KuD/26