ASHUTOSH BAJORIA Vs. RAJESH KUMAR SHARMA

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C. of the Code of Criminal Procedure (for short 'Cr.P.C.'), the petitioner has approached this court with the following prayer :-

(2.) Facts in brief of the case are that Assistant Director, Directorate of Enforcement filed criminal complaint No. 3/2021 against the petitioner and other co-accused for the offence under Ss. 3 and 4 of the Prevention of Money Laundering Act, 2002 (for short 'the Act of 2002') before the Special Court (PMLA, 2002) Special Judge (CBI Cases) No. 3, Jaipur Metropolitan-I (for short 'the Trial Court') wherein cognizance was taken against the petitioner and co-accused for the above offences vide order dtd. 12/7/2021 and arrest warrants were issued against them. The arrest warrants were received back unserved with the report of Head Constable that out of fear of arrest, the petitioner has absconded. After receipt of the above report, the Trial Court issued standing arrest warrants against the petitioner and notice under Ss. 82, 83 Cr.P.C. were also issued for appearance of the petitioner vide order dtd. 8/9/2021. Thereafter the petitioner submitted an application under Sec. 70(2) read with Sec. 71 Cr.P.C. for converting the arrest warrants into bailable warrant. However, the said application was rejected by the Trial Court vide order dtd. 15/2/2022.

(3.) Feeling aggrieved by the order dtd. 15/2/2022, the petitioner submitted S.B. Criminal Misc. Petition No. 5350/2022 before this court and on 17/6/2022 the coordinate bench of this court passed the following order :-