Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 27779 (RAJ)

AASAFA RAHI @ NEELAM RATHORE D/O RAJ ALAM RAHI v. STATE OF RAJASTHAN

CRLMP/5146/2025 · 2025-09-23

Sudesh Bansal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:39095] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5146/2025 Aasafa Rahi @ Neelam Rathore D/o Raj Alam Rahi, R/o Dubari P.s. Rafiqganj (Bihar) Presently Tenant At Village Rawala Badiya Beawar Dist Beawar. ----Petitioner Versus State of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Krishan Kant Ranwar for Mr. Amit Dadhich For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 23/09/2025 1. Instant Criminal Miscellaneous Petition under Section 528 BNSS, 2023, has been filed by accused-petitioner feeling aggrieved by the order dated 15.07.2025 passed in Criminal Case No.611/2017 (State Vs. Rajak Khan & Ors.) by the Court of Additional Chief Judicial Magistrate, Kekri, District Ajmer, dismissing his application to convert the permanent arrest warrant into bailable warrant. 2. It appears that a supplementary charge-sheet against the petitioner was filed for offences under Sections 420, 394, 389 & 120-B, in absence of petitioner and vide order dated 03.11.2023, petitioner was declared absconder and a permanent arrest warrant was issued against the petitioner. 3. Counsel for petitioner states that petitioner is a woman and having no knowledge of filing of charge-sheet against her, [2025:RJ-JP:39095] (2 of 2) [CRLMP-5146/2025] however, she is agreeable to surrender herself before the trial Court and to submit a regular bail application as also to participate in the criminal trial, hence, some time may be granted to petitioner, to surrender herself and till then, the permanent arrest warrant is stayed. 4. Learned Public Prosecutor has opposed the prayer made by counsel for petitioner. 5. Having considered the limited prayer of counsel for petitioner and the purpose of issuing permanent arrest warrant is only to ensure the presence of petitioner before the trial Court, in order to proceed with the trial, hence, the prayer of petitioner seems to be just and proper. 6. Accordingly, without interfering with the impugned order dated 15.07.2025 on merits, it is hereby observed that petitioner may surrender herself on or before 15.10.2025 before the trial Court and shall submit her regular bail application, which shall be considered by the trial Court in accordance with law as early as possible. Till date of surrender, execution of permanent arrest warrant, shall remain stayed. 7. With aforesaid observation, the instant petition stands disposed of. 8. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/8