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2005 Supreme(Raj) 138

K.C.SHARMA
Mahesh Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Anoop Dhand, for the Petitioner.
Mr.S.N. Gupta, Public Prosecutor.

Judgment

K.C. Sharma, J.-Heard Counsel for the parties and perused the order sought to be challenged in this miscellaneous petition.

2. Petitioner Mahesh Kumar is facing trial for offence under Sections 279, 337 and 338 IPC pending in the Court of Additional Chief Judicial Magistrate No. 8, Jaipur City, Jaipur. He was on bail. Since the petitioner failed to appear in the Court for sufficiently long time, the trial Court ordered forfeiture of his bail bonds on 25.02.1999 and issued standing arrest warrant. It was in these circumstances that the petitioner moved an application under Sections 70(2), CrPC for conversion of arrest warrant into bailable warrant on the grounds enumerated in the application. The learned trial Court vide its order under challenge, dismissed the petitioner application. Hence, the present petition.

3. It appears from the order of the trial Court that there was no good ground for conversion of arrest warrant into bailable warrant and accordingly the trial Court dismissed the petitioners application. Undisputedly, the accused petitioner did not appear on any of the dates fixed by the trial Court. The only explanation offered by the petitioner for his non-appear



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