Ashok Badola S/O Shri Babu Lal Badola vs State Of Rajasthan (2024:Rj-Jp:6491)
2024 Latest Caselaw 964 Raj/2

Rajasthan High Court

Ashok Badola S/O Shri Babu Lal Badola vs State Of Rajasthan (2024:Rj-Jp:6491) on 7 February, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:6491]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

         S.B. Criminal Miscellaneous (Petition) No. 664/2024

Ashok Badola S/o Shri Babu Lal Badola, Aged About 56 Years,
R/o    Rajasthan       Guest     House,        Near      Roadway       Bus       Stand,
Gulabpura District Bhilwara (Rajasthan).
                                                                       ----Petitioner
                                      Versus
State Of Rajasthan, Through PP
                                                                   ----Respondent

For Petitioner(s) : Mr. Rajesh Kumar Mutha For Respondent(s) : Mr. M.K. Sheoran, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

07/02/2024

1. Petitioner has preferred this criminal miscellaneous petition

aggrieved by the order dated 23.01.2024 passed by learned

Additional District and Session Judge No.5, Ajmer in Criminal Case

No.4/2019 (CIS No.59/2019) wherein learned trial court

summoned the petitioner as an additional accused through

warrant of arrest. He further submits that an application under

Section 70(2) Cr.P.C was filed by the petitioner for converting the

arrest warrant into bailable warrant but said application was

dismissed by trial court vide its order dated 23.01.2024. He

further submits that learned trial court has committed illegality in

summoning the petitioner through arrest warrant at first instance.

Counsel has placed reliance on the judgment of Hon'ble Supreme

Court in the matter of Vikas Vs. State of Rajasthan, (2014) 3

[2024:RJ-JP:6491] (2 of 2) [CRLMP-664/2024]

SCC 321. He further submits that petitioner is ready to appear

before the trial court.

2. Learned State counsel opposes the submission made by

learned counsel for the petitioner but does not dispute the factual

position of the case.

3. Considering the facts and circumstances of the case,

especially the fact that petitioner was not charge-sheeted by

Investigation Agency and later on, petitioner was summoned as

additional accused directly through arrest warrant, I deem it just

and proper to dispose of this petition with direction that the

petitioner shall appear before the trial court on or before

19.02.2024 and submit his bail bonds.

4. Upon furnishing the bail bonds, trial court is directed to

accept the same.

5. Accordingly, the instant petition is disposed of.

6. Till 19.02.2024, warrant of arrest issued by learned trial

court shall be kept in abeyance.

(ANIL KUMAR UPMAN),J

CHARU SONI /140

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