2005 Supreme(Raj) 3268
RAJASTHAN HIGH COURT AT JAIPUR BENCH
R.S.Chauhan, J.
Mahendra Singh - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Petition No. 1060 of 2003.
Decided On : 7-11-2005
Advocates:
For the Petitioner:Anoop Dhand, Advocate.
For the Respondent: Arun Sharma, P.P.
Headnote:
Criminal Procedure Code, 1973 Sections 70(2), 71 read with Section 482 Petition against rejection to convert non-bailable warrant into a bailable warrant by the lower court - Petitioner accused of offences under Section 66, 32/192, 146/196 of Motor Vehicles Act - regularly attended court but on 21.5.2001 due to urgent work he could not attend the court - Petitioner started living in Delhi, non-bailable warrant issued against him - his counsel failed to inform him about the same - On returning to the village he came to about it and filed a petition before Magistrate for conversion of non-bailable warrant into a bailable warrant which was rejected - held, offence not grave in nature and the petitioner is willing to face trial - conversion allowed.
JUDGMENT
1. - The petitioner has challenged the order dated 25.8.03 passed by the learned Judicial Magistrate, Sikar, whereby he refused to convert the non-bailable warrants into bailable warrants.
2. Brief facts of the case are that a criminal case was registered against the petitioner for the offence under Section 66, 32/192, 146/196 of the Motor Vehicles Act. The petitioner was regularly attended the trial. However, due to urgent personal work, he could not attend the trial on 29.5.2001. When he contacted his counsel, the counsel assured him that he will do the needful. Subsequently, the petitioner went to seek out a living in Delhi. During his stay at Delhi, he was not informed by his counsel that non-bailable warrants have been issued against him. When the petitioner came back to his village, he was informed about the issuance of the non-bailable warrants of arrest. He immediately moved an application under Section 70(2) and 71, Cr.RC. for converting non-bailable warrants into bailable warrants. Vide order dated 25.8.03 the learned Magistrate has rejected the said application. Hence this petition before us.
3. Considering the fact that the offence under the above mentioned provisions are not grave in nature, considering the fact that the petitioner is willing to stand trial, we deem it proper to convert the non-bailable warrants into bailable ones. We also direct the petitioner to attend the trial personally in court as and when called upon by the trial court. The petitioner is directed to submit bail bonds of Rs. 10,000/- with one surety in the like amount to the satisfaction of the trial court on 28.11.05.Petition allowed.
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