Nirmal Kumar Sharma Vs Union of India (Rajasthan High Court)
Rajasthan High Court held that the matter of conversion of arrest warrants issued against accused committing economic offence or heinous offence into bailable warrants is referred to Special/Larger Bench.
Facts- By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 11.03.2025 passed by the Additional Chief Judicial Magistrate (Economic Offences) Jaipur Metropolitan-II in criminal case No. 15/2024 by which the application submitted by the petitioner under Section 70(2) Cr.P.C for conversion of arrest warrants into bailable warrants has been rejected.
Conclusion- Held that this Court accordingly refers this case to the Special/Larger Bench to answer the question that whether the arrest warrants issued against the accused committing economic offence or heinous offences like murder/rape/dowry death/dacoity etc. can be converted into bailable warrants as a matter of right of the accused by invoking the powers contained under Sections 70(2) Cr.P.C. and 72(2) BNSS as a matter of right? Let the matter be placed before Hon’ble the Chief Justice on the administrative side for constitution of Special/Larger Bench to answer the aforesaid question, referred by this Court.
FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT
