Rajasthan High Court - Jodhpur
Kavindra Panchal vs State Of Rajasthan (2025:Rj-Jd:2486) on 13 January, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:2486]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1045/2024
Kavindra Panchal S/o Prakash Chandra Panchal, Aged About 32
Years, R/o Nathelaav Colony Banswara Dist Banswara (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt Twinkal Panchal W/o Kavindra Panchal, Aged About
25 Years, Nathelaav Colony Banswara Dist Banswara
(Raj) At Present Residing At Fathers House Sanjay
Panchal Pratp Nagar Colony Opposite Railway Line
Dungarpur Tehsil And Dist Dungarpur (Raj)
----Respondents
For Petitioner(s) : Mr. Rishabh Handa
For Respondent No.1 : Mr. Shriram Choudhary, AGA
Mr. Lalit Kishore Sain, Dy.GA
HON'BLE MR. JUSTICE FARJAND ALI
Order
13/01/2025
1. By way of the instant criminal misc. petition, a challenge
has been made to the order dated 04.12.2023 passed by the
learned Chief Judicial Magistrate, Dungarpur (hereinafter to be
referred as 'the trial court') in FIR No.18/2021 registered at Police
Station Mahila Thana, District Dungarpur, whereby the bail bonds
of the petitioner were forfeited and the proceeding under Sections
446 of Cr.P.C. has been opened. Simultaneously, the warrant of
arrest has also been issued.
2. After arguing to some extent, learned counsel for the
petitioner states that since the petitioner is working in Kuwait,
where he is doing labouring job much prior to the institution of the
case and owing to the immigration constrains, he could not mark
his presence before the learned trial court on the day fixed for that
purpose. It is further submitted that the petitioner is willing to
[2025:RJ-JD:2486] (2 of 3) [CRLMP-1045/2024]
appear before the learned trial court if some time may be granted
to him.
3. Taking into consideration the predicament of the petitioner
and he is willing to appear before the learned trial court, it is
deemed appropriate to direct him to appear before the
learned trial court on or before 30.06.2025 and move a regular
bail application under Section 437 of Cr.P.C. along with reply to the
proceeding under Section 446 of Cr.P.C.
4. Since the offences alleged against the petitioner are
triable by the Court of Magistrate and do not contain the
maximum punishment of more than 7 years, therefore, the
judgment rendered by Hon'ble Supreme Court in the case of
Arnesh Kumar Vs. State of Bihar reported in AIR 2014 SC
2756 applies squarely in the present case, thus, it is ordered that
the petitioner shall appear before the learned trial court on or
before 30.06.2025 and he shall move a regular bail application,
whereupon the learned trial Court shall release him on bail on the
very same day; on the amount of surety and bond as it deems fit,
and the proceeding under Section 446 of Cr.P.C. shall be drooped.
5. In case the petitioner does not appear, the order dated
04.12.2023 passed by the learned trial court shall be rejuvenated
without any further reference to this Court.
6. Till 30.06.2025, the warrant of arrest issued against the
petitioner shall not be executed; rather, the learned trial court
shall seek its withdrawal.
[2025:RJ-JD:2486] (3 of 3) [CRLMP-1045/2024]
7. Needless to say, upon non-appearance of the petitioner on
or before 30.06.2025, the learned trial court is not precluded from
issuing a fresh warrant of arrest against him.
8. With these observations and directions, this criminal misc.
petition as well as stay petition are disposed of.
(FARJAND ALI),J
Abhishek Kumar
S.No.21
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