MOHAMMAD ATIK VS STATE OF RAJASTHAN
- Court
- Rajasthan High Court
- Bench
- Jodhpur
- Date
- 21 Apr 2026
- Citation / case number
- CRLMP / 2009 / 2026
Summary
Peti challenged bailable warrants issued after filing of charge-sheet, though they were not arrested during investigation. HELD- Where custody was not required during investigation & there is no likelihood of absconding, tampering with evidence or evading process, accused should not be taken into custody merely for consideration of bail. “Custody” u/Sec 170 CrPC means presentation before Court, not compulsory arrest. Warrants can’t be issued casually; petition allowed & warrants quashed.
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