Rajasthan HC initiates action against Magistrate who issued arrest warrant despite existing anticipatory bail order

The petitioners, Nanuram Saini and Vinod Kumar were granted anticipatory bail by the High Court in the year 2003, in connection with the FIR registered against them on cheating charges.

The Counsel submitted before the High Court that the issue regarding the tenure of the anticipatory bail has been decided in the case of Sushila Agarwal & Ors. v. State (NCT of Delhi) & Anr. by the Five Judges Bench and it has been held that the anticipatory bail granted by the Court shall continue till the end of the trial.

A bench headed by Justice Sanjeev Prakash Sharma also observed, “The action of the learned Magistrate is clearly wanting and shows scant respect to the High Court’s order as well as having little knowledge relating to criminal law”.

The Rajasthan High Court directed Registrar (Vigilance) to initiate against a Magistrate who issued Arrest Warrants against accused, despite the fact that the same HC had earlier granted them anticipatory bail on 9th November, 2020.

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