Sitaram v.

State of Rajasthan (Rajasthan)(Jaipur Bench)

2013(3) RLW 2708 : 2013(1) W.L.C. (Raj.) 51 : 2012(4) CriLR (Rajasthan) 1917

RAJASTHAN HIGH COURT

(Jaipur Bench)

Before :- Raghuvendra S. Rathore, J.

S.B. Cr. Misc. Petition No. 3355 of 2012. D/d. 05.10.2012.

Sitaram - Petitioner
Versus
State of Rajasthan - Respondents

For the Petitioner :- Mr Vijay Kumar, Advocate.

For the Respondent :- Mr Piyush Kumar, Public Prosecutor.

Criminal Procedure Code 1973, Sections 70 and 362 - Converting non-bailable warrants into bailable
warrants - Trial Court rejected the application the ground that it has no power to recall its own order -
Held, once non-bailable warrants is issued under Section 70( 2 ), Cr.P.C., it remains in force until it is
cancelled by the Court which had issued it or it has been executed - Accordingly, the Court which had
issued a warrant of arrest can pass an order in respect of it subsequently including
modification/alteration of warrants which does not amount to recalling of the earlier order - It is not
hit by Section 362, Cr.P.C. - Accused not arrested so far, directed to appear before trial court on or
before 30.10.12 so as to furnish bail bonds - Till then non-bailable warrants issued against them shall
not be executed.

[Paras 4 to 6]

JUDGMENT

Raghuvendra S. Rathore, J. - This Misc. Petition has been filed against the order dated 22.9.2012 whereby the
learned court below has rejected the application filed by the petitioners under Section 70(2) Cr.P.C., for converting
the non bailable warrants to bailable warrants.

2. The learned trial Court has rejected the application with the following observations:

"bl U;k;ky; dks vius gh vkns'k dks fjdkWy djus dh 'kfDr;kWa izkIr ugha gSA vr% izdj.k ds leLr rF;ksa ,oa
ifjfLFkfr;ksa dks ns[krs gq, vfHk;qDrx.k@izkFkhZx.k dh vksj ls izLrqr izkFkZuk i= vUrxZr /kkjk 70(2)
na0iz0la0 ,rn~nkjk vLohdkj fd;k tkdj [kkfjt fd;k tkrk gSA"
3. From the aforesaid order, it appears that the learned court below has not looked into the relevant provisions,
much less to have studied the same. The provision of Section 70 Cr.P.C. reads as under:
"70. Form of warrant of arrest and duration. (1) Every warrant of arrest issued by a court under
this Code shall be in writing, signed by the presiding officer of such court and shall bear the seal
of the court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or
until it is executed."

4. In view of the aforesaid provision, particularly sub-section (2) of Section 70 Cr.P.C. it is clearly borne out that
once non bailable warrants is issued, it remains in force until it is cancelled by the Court which had issued it or it
has been executed. In other words, a warrant of arrest can be cancelled by the Court which had issued it.
Therefore, the Court which had issued a warrant of arrest can pass an order in respect of it subsequently including
modification/ alteration of warrants. It does not amount to recalling of the earlier order because such power is
given to the Court concerned by the Statute itself namely, the Code of Criminal Procedure. If such powers are
exercised by the same court, it is not hit by Section 362 Cr.P.C. because it provides that "Save as otherwise
provided by this Court". When sub-section (2) of Section 70 provides the power for cancelling of warrant of arrest
by the court which had issued it then it is saved under this provision.

5. The learned counsel for the petitioners has informed that because of the rejection of the prayer made by the
petitioners, Sitaram, Radha Devi, Foranti and Beela have been arrested. In so far as those petitioners are
concerned, this Misc. Petition has become infructuous.

6. However, after taking into consideration the aforesaid facts and circumstances of the case, it is deemed proper
to dispose of this Misc. Petition with the direction to the accused petitioners No. 2 Ramavtar, No.3 Ram Prasad,
NO.4 Vishram, No.7 Rama Devi, and No.8 Pana to appear before the learned trial Court on or before 30.10.2012 so
as to furnish the bail bonds to the satisfaction of the trial Court. Till then the non bailable warrants issued against
them shall not be executed.

The Deputy Registrar (Judl.) is directed to send a copy of this order to the Magistrate concerned as well as to
learned District & Sessions Judge, Jaipur Metropolitan, Jaipur.

Petition disposed of.