HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B.Criminal Miscellaneous (Petition) No. 528 / 2017 Bablu S/o Shri Ramniwas B/c Jogi, R/o Dhani Jogiyo Ki, Village Rajnota, Tehsil Kotputli, District Jaipur, Raj.

----Petitioner Versus State of Rajasthan Through P.P.

----Respondent _____________________________________________________

For Petitioner(s) : Mr. M.K. Kaushik For Respondent(s) : Dr. RS Shekhawat, PP _____________________________________________________

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

Order

25/01/2017 This Cr. Misc. Petition has been filed by the petitioner against the order dated 18.1.2017 passed by Addl. Judicial Magistrate, Kotputli, Jaipur District Jaipur in Cr. Case No. 58/2016, whereby the application filed by the petitioner under Section 70(2) CrPC has been dismissed.

Without going into the merits of the case, learned counsel for the petitioner has contended that the petitioner was on bail, but due to misunderstanding between the petitioner and his advocate, the petitioner could not appear before the Court concerned, resultantly his bail bonds were forfeited and non bailable warrant has been issued against the petitioner. The petitioner moved the application u/s. 70(2) CrPC before the Court below, but the same has been dismissed. He has further contended that the petitioner is ready to deposit the fine, as imposed by this Court. In these circumstances, it has been prayed that the non- bailable warrant issued against the petitioner may be converted into bailable warrant.

The learned Public Prosecutor has opposed this prayer.

Keeping in view the facts and circumstances, this petition is disposed of with the following directions:

i) The impugned order is set-aside and it is directed that if the petitioner appears before the court concerned within one month and deposits Rs. 1000/- as fine with the court below at the time of furnishing the bail bonds, his non bailable warrant will be converted into bailable warrant and he shall be released on bail, provided he furnishes a personal bond of Rs. 2,00,000/- (Two Lakh) with two sureties of Rs. 1,00,000/- (Rs. One Lakh) each to the satisfaction of the trial court with the stipulation that he shall appear before that court on all subsequent dates of hearing and as and when called to do so, and shall not jump the bail in future.

ii) If the petitioner does not appear before the Court below within the stipulated period and does not deposit the fine, as indicated here-in-above, then this order passed by this Court will not come in the way of passing the fresh order by the court below.

(MAHESH CHANDRA SHARMA)J.

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