R/SCR.A/6052/2025 ORDER DATED: 28/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6052 of 2025 ========================================================== KIKABONI ORGANIC STORE & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR SIDDHARTH ANAND(12031) for the Applicant(s) No. 1,2 MR ROHAN N SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 28/04/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of rule for respondent – State of Gujarat. 2. By way of the present petition, the petitioners seek to convert non-bailable warrant issued by learned 20th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.7465 of 2022 while passing an order dated 13.03.2025, into bailable warrant. 3. Heard learned advocates appearing for the respective parties. 4. Learned advocate submitted that the respondent no.2 herein had instituted complaint under Section 138 of the Negotiable Instruments Act against the petitioner, wherein trial was proceeded further and ultimately at the end of day, an order of conviction has been passed and non-bailable warrant was issued against the petitioners at R/SCR.A/6052/2025 ORDER DATED: 28/04/2025 the time of passing of the impugned order, which is prayed to be converted into bailable warrant by filing this petition. 5. Learned advocate for the petitioners submitted that the issuance of non-bailable warrant straightaway at the time of passing the order of conviction is illegal and against provision of law and the learned trial Court ought to have issued bailable warrant to secure the presence of the petitioners. He submitted that the right of preferring appeal against the order is a statutory right available to the petitioners, however, as the non-bailable warrant is issued against the petitioners, the petitioners are left with no option, but to surrender themselves to the jail authority pursuant to the non-bailable warrant issued by the trial court and that would amount to gross violation of Article 21 of the Constitution of India. Learned advocate for the petitioners prayed that non-bailable warrant issued by the learned trial Court be converted into bailable warrant so that the petitioners can avail appropriate remedy to file appeal before the higher forum. 6. In support of his contentions, learned advocate for the petitioners has heavily relied on the decision of the Coordinate Bench of this Court rendered in Special Criminal Application No.11631 of 2023 decided on 14th September, 2023 and prayed to allow the petition. 7. Learned Additional Public Prosecutor has vehemently opposed the prayer of the petitioners and requested this Court to dismiss the present petition. Page 2 of 4 R/SCR.A/6052/2025 ORDER DATED: 28/04/2025 8. I have heard the learned counsel appearing for the respective parties and gone through the material produced on record in detail. 9. At the outset, it is required to be noted that the issue involved in this petition is no more res integra and squarely covered by the decision of the Coordinate Bench of this Court rendered in Special Criminal Application (Quashing) No.9113 of 2016 in somewhat similar set of facts. The Coordinate Bench of this Court has, after considering the decision rendered by the Division Bench in the case of Sharad Jethalal Savla v. State of Gujarat [Criminal Misc. Application No.19862 of 2015 decided on 14th November, 2016] held as under : “7. I am inclined to give one opportunity to the applicants herein to appear before the learned 4th Additional Chief Judicial Magistrate, Vadodara in person with their advocates. On the day and date the applicants herein appear before the learned Magistrate, it will be open for them to file an application under Section 389(3) of the Cr.P.C. for provisional bail to enable them to prefer a criminal appeal before the Sessions Court against the conviction and sentence. The criminal appeal before the Sessions Court could have been registered only after an appropriate order under Section 389(3) of the Cr.P.C. was passed by the trial Court. 8. In any view of the matter, the nonbailable warrant is converted into a bailable warrant of the sum of Rs.10,000/- (Rupees Ten Thousand only). The applicants are directed to appear before the Court concerned within a period of one week from today and shall furnish a bail of Rs.10,000/- each. If any such application is filed under Section 389(3) of the Cr.P.C., the Court concerned shall pass appropriate orders in accordance with law.” R/SCR.A/6052/2025 ORDER DATED: 28/04/2025 10. In view of the aforesaid, this Court is inclined to consider this petition on the following conditions: (a) The petitioners shall approach the learned trial court in person with their advocate within a period of one week from the date of receipt of writ of this order; (b) It will be open for the petitioners to avail appropriate remedy available under the law at the time of appearing before the learned trial Court to enable them to approach the higher forum against the impugned order and if such remedy is availed, the concerned court shall pass appropriate order in accordance with law. (c) The petitioners shall file an undertaking before the court concerned to the effect that they will cooperate in the proceedings and non-adherence thereof will follow the consequences. (d) The non-bailable warrant is hereby converted into bailable warrant for a sum Rs.10,000/- (Rupees Ten Thousand only) each. 11. With the above observations and directions, the present petition stands allowed accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) A. B. VAGHELA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ARUNA BHARATSINGH VAGHELA(HC01079), PRIVATE SECRETARY, at High Court of Gujarat on 30/04/2025 14:14:40