Judgment · High Court
Case at a glance
Outcome
Disposed of
petition stands disposed of
Provisions considered
Key paragraphs
- Para 66. With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. KuD/68 (ANOOP KUMAR DHAND),J
Judgment
: Mr. Shashank Pancholi For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Devi Singh, PP JUSTICE ANOOP KUMAR DHAND Order 26/11/2025
By way of filing this criminal misc. petition, a challenge has been led to the impugned order dated 10.10.2025 passed by the Additional Sessions Judge No.3, Sikar by which the application submitted by the petitioner under Section 72(2) of the BNSS (Section 70(2) of the Cr.P.C.) has been rejected and the prayer of the petitioner for converting the arrest warrants into bailable warrants has been rejected.
Learned counsel for the accused-petitioner submits that a charge-sheet under Section 299 Cr.P.C. was submitted against the petitioner under Sections 420, 406 and 120-B IPC read with Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Sections 3/21 of the Banning of Unregulated Deposit Schemes Act, 2019. Counsel submits that the petitioner was not aware about filing of the charge-sheet against him under Section 299 Cr.P.C. He (2 of 2) [CRLMP-7176/2025] came to know about the aforesaid on a subsequent stage. Immediately thereafter, an application was submitted for converting the arrest warrants into bailable warrants. Counsel submits that the petitioner is ready and willing to face the trial, therefore the arrest warrants issued against the petitioner by converted into bailable warrans. In support of his contentions, counsel has placed reliance upon the judgment passed by the Hon’ble Apex Court in the case of Inder Mohan Goswami and Anr. vs. State of Uttaranchal and Ors. reported in 2007 (10) SCR 847.
Per contra, learned Public Prosecutor opposed the prayer. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that the petitioner is ready to face the trial and considering the nature of the allegations levelled against the petitioner, this Court deems it just and proper to direct the Court below to summon the petitioner through bailable warrants and to recall the arrest warrants that have been issued against the petitioner.
In case, the petitioner surrenders before the Trial Court on or before 08.12.2025, he be released on bail on furnishing personal and surety bonds subject to the satisfaction of the Trial Court.
Operative part
With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. KuD/68 (ANOOP KUMAR DHAND),J
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition stands disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 72(2); Code of Criminal Procedure, 1973 — ss. 70(2), 299; Indian Penal Code, 1860; Prize Chits and Money Circulation Schemes (Banning) Act, 1978 — ss. 3, 4, 5; Banning of Unregulated Deposit Schemes Act, 2019 — ss. 3, 21.
Precedent status how later indexed judgments have treated this case
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