2010 Supreme(Raj) 1934
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Mohammad Rafiq, J.
Ashok Kumar - Appellant
Versus
State of Rajasthan Thro’ Public Prosecutor - Respondent
S.B. Criminal Misc Petition No. 2050 of 2010.
Decided On : 1-11-2010
Advocates:
For the Petitioner:Pankaj Gupta, Advocate.
For the Party: N.R. Saran, Public Prosecutor.
Headnote:Criminal Procedure Code, 1973 – S. 70(2) – An arrest warrant was issued on 27.5.2005 – An application was made to Trial Court to convert the arrest warrant into bailable warrant but was rejected by the it – The accused undertook before the court to appear regularly before it – The nature of the alleged offence is that it is punishable with fine only – It was held that taking into account the facts and circumstances of the case , the order is set aside and application is accepted converting the arrest warrant into a bailable warrant.
JUDGMENT
1. - This petition under Section 482 Cr.P.C. has been filed by petitioner assailing order dated 28.09.2010 of learned Additional Chief Judicial Magistrate, Lalsot, District Dausa, in Criminal Case No.306/2005, whereby his application filed under Section 70(2) of Cr.P.C. has been rejected. Petitioner had requested that standing arrest warrant issued against him by the court on 27.05.2006 be converted into bailable warrant but his request was rejected by the trial court.
2. Contention of learned counsel for petitioner is that petitioner could not appear before learned trial court on 27.05.2006 on account of his ailment. His application was rejected by trial court in which he prayed for exemption from personal attendance on the ground of illness. The offence is otherwise also petty once and are punishable only with fine. Petitioner is otherwise innocent and never had any intention of avoiding the court proceedings. He would undertake to regularly appear before the court on each and every date as and when called upon to do so. It is therefore prayed that standing arrest warrant be converted into bailable warrants.
3. Learned Public Prosecutor opposed the petition.
4. Considering all facts and circumstances of case and willingness of petitioner to appear before the court concerned, I deem it appropriate to grant the prayer.
5. The criminal misc. petition under Section 482 Cr.P.C. is allowed. Impugned order dated 28.09.2010 is set-aside. Standing arrest warrant of the petition is converted into bailable warrants in the sum of Rs. 30,000/- with two sureties of Rs. 15,000/- each and he shall submit fresh bail bonds in aforesaid sum in that court. This is however without prejudice to the continuation of proceedings under Section 446 Cr.P.C.
6. This Criminal Misc. Petition under Section 482 Cr.P.C. is disposed of with aforesaid observation.Petition disposed of.
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