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2026 DAILYLAW 4006 (RAJ)

BABULAL BARALA SON OF SHRI JAGDISH PRASAD BARALA v. DR. BHAWANI SINGH BARALA SON OF SHRI SHYAMLAL BARALA

CRLMP/1338/2026 · 2026-03-09

Anil Kumar Upman

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:10113] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1338/2026 Babulal Barala Son Of Shri Jagdish Prasad Barala, Aged About 35 Years, Resident Of Village Nayabas, Tankrada, Tehsil Chomu District Jaipur, (Raj). Other Address Ward No. 12, Near Maheshwari School, Barala Bhawan, Naya Bazar, Chomu, District Jaipur. ----Petitioner Versus Dr. Bhawani Singh Barala Son Of Shri Shyamlal Barala, Aged About 38 Years, Resident Of Plot No. C-4, Hathi Babu Marg, Banipark, Jaipur. ----Respondent For Petitioner(s) : Mr. Sushil Pujari For Respondent(s) : HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/03/2026 1. This instant petition under Section 528 of BNSS has been filed on behalf of the petitioner assailing the order dated 11.02.2026 passed by the Special Judicial Magistrate (NI Act Matters) No.1, Jaipur Metro-I in Case No.601/2019, whereby the application under Section 72(2) of BNSS filed by the petitioner to convert the non-bailable warrant issued against him into bailable warrant was dismissed. 2. Learned counsel for the petitioner submits that on account of unavoidable circumstances, petitioner could not mark his presence before the learned trial Court on 28.01.2026, therefore, his bail bonds were forfeited and he was summoned through warrant of arrest. He submits that petitioner is ready to pay the fine amount [2026:RJ-JP:10113] (2 of 2) [CRLMP-1338/2026] under Section 446 Cr.P.C and he undertakes that in future he will attend the court proceedings on each and every date and shall cooperate with the trial. 3. I have considered the submissions. 4. Considering overall facts and circumstances of the case and in the interest of justice, this petition is disposed of with a direction that petitioner shall appear on the next date of hearing before the trial Court and submit bail bonds to the satisfaction of the learned trial Court. Upon surrender and furnishing bail bonds, learned trial Court shall accept the same, if fine amount under Section 446 Cr.P.C. is deposited by the accused-petitioner. It is also directed that on appearance, petitioner shall also pay the cost of Rs.5,000/- to the complainant. 5. Till next date of hearing before the learned trial Court, the warrant of arrest issued against the petitioner shall be kept in abeyance. It is made clear that if the petitioner fails to surrender and deposit the fine amount before the trial Court as well as pay the cost of Rs.5,000/- to the complainant on or before the next date of hearing, this order shall lose its efficacy. Further, the trial Court is also directed to expedite the trial. 6. With the aforesaid directions, this Criminal Misc. Petition is disposed of. 7. The stay application and pending application(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J GAUTAM JAIN /124