2005 Supreme(Raj) 2922
RAJASTHAN HIGH COURT AT JAIPUR BENCH
K.C.Sharma, J.
Sanwar Mal - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Petition No. 1167 of 2004.
Decided On : 1-02-2005
Advocates:
For the Petitioner:Anoop Dhand, Advocate.
For the Respondent: Ashwini Kumar Sharma, Public Prosecutor.
Headnote:
Criminal Procedure Code, 1973 Sections 70(2) and 482 - The present appeal challenges the order of the Trial court refusing to convert non-bailabe warrant to bailable warrant - petitioner, abstaining on the date of the hearing was facing trial under section 307 Indian Penal Code - Bail bonds were forfeited and arrest warrant was issued - Petitioner could not appear since he met with an accident and prayed to convert non-bailabe warrant to bailable warrant - the same was rejected after one year - held, trial Court's rejection of application after a year, without assigning any reason is blatantly illegal and untenable - Directed to recall arrest warrant and issue bailable warrant.
JUDGMENT
1. - Heard counsel for the parties. The petitioner is facing trial for offence under Section 307 IPC in Cr. Case No. 68/2003 and was on bail. Since he could not appear before the court on 17.6.2003, the learned Magistrate forfeited his bail bonds and issued warrant of arrest. The petitioner then moved an application under Section 70(2) Cr.P.C. for conversion of arrest warrant into bailable warrant on the ground that he met an accident in the month of May and therefore, he could not appear before the court on the aforesaid date.
2. It appears that the application of the petitioner dated 30.6.2003 for conversion of arrest warrant into bailable warrant remained pending for a period of one year and it was only on 16.10.2004, the learned Magistrate dismissed the said application without assigning any reason, despite the fact that counsel for the petitioner had submitted an application for exemption from personal appearance on 17.6.2003 on medical ground and he had also submitted medical certificate to that effect. The medical certificate produced on record as Annexure-1 also shows that he was sick during the period from 14.6.2003 to 20.6.2003. In this view of the matter, the impugned order passed by the trial court is patently illegal and cannot be sustained.
3. In the result, this petition is allowed. The impugned order dated 16.10.2004 passed by the trial court is set aside and the arrest warrant issued against the petitioner is converted into bailable warrant of Rs. 2000/-. The learned trial court directed to call back the arrest warrant and issue bailable warrant in the sum of Rs. 2000/-.
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