R/SCR.A/9062/2025 ORDER DATED: 03/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9062 of 2025 ========================================================== SAMIR MUSTUFABHAI MALEK Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ANIL R. THAKOR(10897) for the Applicant(s) No. 1 MR RN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/07/2025 ORAL ORDER Rule. Learned APP waives service of notice of Rule on behalf of respondent-State. 1. Heard learned advocate for the respective parties. 2. By way of the present petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the BNSS, the petitioner is seeking conversion of Non Bailable Warrant issued by the learned Chief Judicial magistrate, Modasa, Aravalli in Criminal Case No.1906 of 2024. 3. Learned advocate for the applicant submits that without issuance of summons or bailable warrant straightway, non- bailable warrant came to be issued. 4. Considering the aforesaid fact, prima facie, it appears that without clarifying the issuance of the summons and bailable R/SCR.A/9062/2025 ORDER DATED: 03/07/2025 warrant, non-bailable warrant came to be issued against the present petitioner. Considering the law laid down by the Hon’ble Apex Court in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51 and as the petitioner has shown his bona fide and his willingness to appear before the Court, a case is made out for interference and non- bailable issued issued by the learned Chief Judicial magistrate, Modasa, Aravalli in Criminal Case No.1906 of 2024 is converted into bailable warrant in the sum of Rs.10,000/-. The learned trial Court is directed to impose suitable terms and conditions to secure the presence of the present petitioner, during the trial. 5. Petitioner shall have to appear before the Learned Trial Court on 14.07.2025 without fail. Present petition is disposed of accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 04/07/2025 16:11:48