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2026 DAILYLAW 12503 (RAJ)

RAMPAL NYATI SON OF RATAN LAL NYATI v. UNION OF INDIA

CRLMP/6228/2024 · 2026-08-13

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:32000] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6228/2024 CNR: RJHC020805682024 | URN: CRLMP / 12673U / 2024 Rampal Nyati Son Of Ratan Lal Nyati, Resident Of 1-N-32, R.c. Vyas Colony, Bhilwara (Rajasthan). ----Petitioner Versus Union Of India, Drt Region Jaipur. ----Respondent For Petitioner(s) : Mr. Rahul Sharma with Mr. Kavan Singh For Respondent(s) : Mr. Tej Prakash Sharma, Spl. PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/08/2026 1. Instant misc. petition is filed by the petitioner Rampal Nyati aggrieved from order dated 17.08.2022 in Criminal Case No. 39/2022 whereby learned ACJM (Economic Offence), Jaipur Metropolitan-II has dismissed application under Section 70(2) of Cr.P.C. for converting arrest warrant into bailable warrant. 2. Office is directed to reflect name of Mr. Tej Prakash Sharma as special PP for non-petitioner. 3. Learned counsel for petitioner has submitted that petitioner has not committed any offence and petitioner has never been called during investigation by the non-petitioner. He also submitted that without serving a summon and a bailable warrant, the Trial Court has directly issued an arrest warrant which is contrary to all settled norms. He also submitted that the offence at the most is punishable up to a period of 7 years and in such a [2026:RJ-JP:32000] (2 of 2) [CRLMP-6228/2024] case, the petitioner is entitled not only for intimation but also for conversion of warrant of arrest to bailable warrant. 4. Learned Public Prosecutor has submitted that another petitioner Ronak Bhopal Sancheti has procured regular bail but the petitioner in the instant case has not appeared before the Trial Court. 5. During course of arguments, learned counsel for petitioner offers to withdraw the misc. petition under Section 528 of BNSS with liberty to surrender and file appropriate application before learned Trial Court for regular bail. The counsel for petitioner is also at liberty to file anticipatory bail under Section 482 of BNSS. 6. In view of submissions of learned counsel for petitioner and learned special Public Prosecutor, instant misc. petition under Section 528 of BNSS is disposed of as withdrawn with liberty as aforesaid. 7. In case, the petitioner surrenders within 7 days before the Trial Court, then the Trial Court is directed to consider and decide the regular bail application, if any, filed by the petitioner on very same day. 8. No coercive steps be taken against the petitioner till 21.08.2026. 9. Misc. petition and application, if any stands disposed of. (ASHOK KUMAR JAIN),J 29/ANAND