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1981 Supreme(Raj) 239

N.M.KASLIWAL
Surendra Singh – Appellant
Versus
The State Of Rajasthan – Respondent


Advocates:
For the Petitioner:Karmall Nayan Shrimal, Advocate.
For the Respondent: Mrs. Kamla Jain, P.P.

JUDGMENT

1. - Heard learned counsel for the petitioner and the learned Public Prosecutor. The petitioner was released on bail by the learned Sessions Judge, vide his order dated 31-10-80. lie was to appear on 7th February, 1981 in the Court of Munsiff and Judicial Magistrate, Court No. 15, Jaipur City.

2. The petitioner's contention is that he could not appear on 7th February, 1981 on account of his illness The learned Magistrate, confiscated the bail bonds and issued a non-bailable warrant against the petitioner. The petitioner thereafter moved an application on 23rd February, 1981 for cancellation of the warrant of arrest and prayed that fresh bail may be granted to him. The learned Magistrate by his order dated 23-2-81 dismissed the aforesaid application taking the view that when the bail bonds had been forfeited he had no jurisdiction to cancel the warrant of arrest.

3. This petition under Section 482 Criminal Procedure Code had been filed against the aforesaid order of the learned Magistrate, dated 23-2-81 and 7-2-81. The petitioner had filed an application for cancellation of the warrant of arrest on the ground that he was ill on 7-2-81 and was not in a position to attend the c




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