Coordinate Bench conflict on converting arrest warrants to bailable warrants sent to a larger Bench for decision.

Conflicting coordinate Bench views on whether arrest warrants in alleged GST and customs economic offence proceedings can be converted into bailable warrants as a matter of right led the Rajasthan HC to apply judicial discipline. The Court stated that a Bench of equal strength should not take a contrary view to an earlier coordinate Bench and, if disagreement persists, the matter should be placed before a larger Bench for authoritative determination. As the controversy was already the subject of divergent decisions, the Court did not decide the merits and referred the question to a Special/Larger Bench.

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Issues: Whether arrest warrants issued in proceedings relating to alleged economic offences could be converted into bailable warrants as a matter of right under the applicable criminal procedure provisions.

Analysis: The matter involved conflicting views of coordinate Benches on the propriety of converting arrest warrants into bailable warrants in cases involving serious economic offences under the GST and customs regime. The Court noted that judicial propriety requires a Bench of equal strength not to take a contrary view to an earlier coordinate Bench and, if disagreement persists, to place the matter before a larger Bench for authoritative determination. In view of the divergence in earlier decisions, the Court declined to resolve the controversy on merits and instead referred the question for consideration by a Special/Larger Bench.

Conclusion: The issue was not finally decided on merits and was referred to a Special/Larger Bench for an authoritative ruling.

Final Conclusion: The proceedings were concluded by referral, leaving the substantive question open for determination by a larger Bench.

Ratio Decidendi: Where coordinate Benches have taken conflicting views on an issue, judicial discipline requires reference to a larger Bench rather than a contrary decision by a Bench of co-equal strength.

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