Abhishek Singhal S/O Shri Alok Kumar Singhal vs. Union Of INDIA
Facts
The petitioner, Abhishek Singhal, filed a criminal miscellaneous petition before the Rajasthan High Court challenging an order dated 04.12.2020 passed by the Additional Chief Metropolitan Magistrate (Economic Offence), Jaipur. This order rejected the petitioner's application for his arrest warrant to be converted into a bail warrant under Section 70(2) of the Code of Criminal Procedure. The petitioner had been arrested by the GST department on 02.11.2020, and his subsequent application for conversion of the arrest warrant to a bail warrant was also dismissed. The petitioner stated his readiness to appear before the trial court.
Held
The High Court held that the petitioner's application for conversion of the arrest warrant to a bail warrant was rejected by the Magistrate. However, the Court noted the petitioner's readiness to appear before the trial court. The Court disposed of the petition with the direction that if the petitioner appears before the trial court within one month from the date of the order, the arrest warrant issued against him would remain in abeyance, and his application for bail would be decided in accordance with the law without delay. If the petitioner fails to appear within the stipulated period, the arrest warrant would automatically become effective. The Court did not explicitly decide on the legality of the arrest itself, focusing on the procedural aspect of the bail application.
Key Issues
1. Whether the order dated 04.12.2020 passed by the Additional Chief Metropolitan Magistrate, Jaipur, rejecting the petitioner's application for conversion of his arrest warrant to a bail warrant, is legally sustainable under Section 70(2) of the Code of Criminal Procedure? Petitioner's Contention: The petitioner argued that his arrest by the GST department on 02.11.2020 and the subsequent issuance of an arrest warrant were illegal. He contended that his application for conversion of the arrest warrant to a bail warrant was wrongly dismissed and that he was ready to appear before the trial court. Respondent's Contention: The judgment does not record any specific arguments made by the respondent (Union of India, CGST).
Sections Cited
Section 70(2), Section 482
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
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The judgment continues below.
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