The Rajasthan High Court affirms that trial courts act within their discretion by issuing non-bailable warrants where an accused repeatedly fails to appear despite service of summons and bailable warrants. This decision upholds existing precedent and serves as binding authority on subordinate courts in Rajasthan for the exercise of power under Section 70(2) CrPC regarding conversion of warrants.
Summary
| Category | Data |
|---|---|
| Case Name | CRLMP/5441/2022 of PUSHPA SHARMA @ SUNITA SHARMA WIFE OF SUBHASH SHARMA, Vs STATE OF RAJASTHAN |
| CNR | RJHC020472712022 |
| Date of Registration | 16-06-2022 |
| Decision Date | 17-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MAHENDAR KUMAR GOYAL, J |
| Court | High Court of Rajasthan |
| Precedent Value | Binding on subordinate courts in Rajasthan |
| Overrules / Affirms | Affirms orders of trial and revisional courts declining conversion of non-bailable to bailable warrants |
| Type of Law | Criminal Procedure (Section 70(2) CrPC), Criminal Law (IPC sections 420, 406, 120-B, etc.) |
| Questions of Law | Whether non-bailable warrants issued by the trial court, after repeated non-appearance of accused despite bailable warrants and summons, can be converted into bailable warrants under Section 70(2) CrPC? |
| Ratio Decidendi |
The High Court held that the trial court was justified in issuing non-bailable warrants for the petitioners, given their continuous non-appearance despite being served with summons and bailable warrants. The provisions of Section 70(2) CrPC empower courts to determine the type of warrant needed to secure an accused’s presence. Repeated failure to comply with summons and warrants compels courts to take sterner action. The Revisional Court’s affirmation of the trial court’s refusal to convert non-bailable warrants to bailable warrants was held lawful and not a case meriting interference under Section 482 CrPC. The power to convert non-bailable to bailable warrants is discretionary and must be exercised judiciously considering the conduct of the accused. |
| Facts as Summarised by the Court | Complaint under Sections 418, 420, 406, 120-B IPC led to police investigation and a negative final report; the trial court took cognizance and repeatedly summoned the petitioners, who failed to appear, resulting in bailable and then non-bailable warrants. Their application for conversion of non-bailable warrants to bailable warrants was dismissed both by the trial and revisional courts. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Rajasthan |
| Persuasive For | Other High Courts considering repeated non-appearance as a basis for issuance of non-bailable warrants |
| Follows | Confirms discretion given to trial and revisional courts concerning conversion of warrants |
What’s New / What Lawyers Should Note
- Reiterates that courts may issue non-bailable warrants when accused fail to appear despite repeated opportunities through summons and bailable warrants.
- Even a readiness to face trial, expressed later, does not automatically entitle an accused to conversion of non-bailable warrants to bailable warrants if prior conduct shows disregard for court process.
- The decision underscores the discretionary character of Section 70(2) CrPC and the requirement to consider previous conduct of accused.
- Lawyers should advise clients that ignoring summons and warrants significantly diminishes prospects for conversion of non-bailable warrants.
Summary of Legal Reasoning
- The High Court carefully examined the sequence of non-compliance: service of summons, followed by bailable warrants, then escalation to non-bailable warrants.
- It was observed that both the trial court and revisional court rightly invoked stronger process when previous steps failed to ensure the accused’s appearance.
- The discretionary power under Section 70(2) CrPC was highlighted, with emphasis on its careful exercise based on the conduct of the accused.
- The High Court found no illegality or arbitrariness in the decisions below, holding that invocation of extraordinary powers under Section 482 CrPC was unwarranted in the present facts.
- The court thus reaffirmed the boundary for invoking inherent powers: only clear cases of abuse or illegality merit High Court intervention.
Arguments by the Parties
Petitioner
- Contended that, as they are now ready to face trial, the non-bailable warrants should be converted to bailable warrants.
- Sought quashing of the revisional and trial court orders refusing such conversion.
Respondent (State/Public Prosecutor)
- Opposed the petitioners’ prayer for conversion of non-bailable warrants, supporting the decisions of the courts below.
Factual Background
A complaint was filed against the petitioners under Sections 418, 420, 406, and 120-B IPC. The police submitted a negative final report, considering the matter civil in nature. Despite this, the trial court took cognizance and summoned the petitioners, who failed to appear despite service. Bailable warrants were then issued and executed, but petitioners still did not appear. As a result, non-bailable warrants were issued. The petitioners’ application to convert these non-bailable warrants to bailable warrants was rejected by both the trial and revisional courts.
Statutory Analysis
- Section 70(2) CrPC was discussed, which deals with the court’s discretion to issue or convert warrants (bailable/non-bailable) as needed to secure the attendance of accused persons.
- The judgment reiterated that this discretion is to be exercised based on the factual matrix of each case, especially considering the conduct of the accused and their response to previous processes.
- The court underscored that wilful non-appearance justifies escalation to non-bailable warrants.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinion is recorded in the judgment.
Procedural Innovations
The judgment does not introduce any new procedural innovations.
Alert Indicators
- ✔ Precedent Followed – The High Court reaffirmed the established legal principle of judicial discretion regarding issuance and conversion of warrants under Section 70(2) CrPC.