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2020 Supreme(Raj) 199

SANJEEV PRAKASH SHARMA
Vijay Kumar Devgan – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Prem Shanker Sharma, Advocate, Arvind Bhadu, Advocate

JUDGMENT

Sanjeev Prakash Sharma, J. - The petitioner by way of this petition assails the order dated 30th July, 2018 & order dated 3.10.2018 passed in revision petition whereby application moved by him u/s 70(2) Cr.P.C for converting non bailable warrants into bailable warrants was rejected.

2. Learned counsel for the petitioner submits that the petitioner is suffering from liver disease since 24th April, 2016 and he is under treatment. The petitioner is 69 years old person. The case was registered against him u/s 19(1)A of the Fertilizer Control Act, 1985 and u/s 3/7 Essential Commodities Act. The petitioner was on bail but thereafter he was unable to present himself on account of aforesaid illness and his bail bonds were forfeited and non bailable warrants were issued. In the circumstances, the petitioner appear through his counsel and moved an application u/s 70(2) Cr.P.C. for converting non bailable warrants to bailable warrants which has been rejected by the court below and revision petition has also dismissed.

3. Learned counsel submits that on account of bonafide reasons as above, the petitioner could not appear and the provision u/s 70(2) Cr.P.C. must be applied liberally.

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