HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Petition No. 3367/2018

Madan Singh Rawat S/o Shri Bane Singh Rawat, Aged About 35

Years, R/o J-537, Azad Nagar, Lakari, Near Sodala, Jaipur.

----Petitioner

Versus

State Of Rajasthan Through Pp.

----Respondent

For Petitioner(s)

:

Mr. S.S. Hasan

For Respondent(s)

:

Mr. R.R. Gurjar, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA VJ

Order

26/06/2018

Learned counsel for the petitioner submits that the

allegations against the petitioner were for bailable offences under

Sections 279, 337, 338, 304A IPC and 134/187 of MV Act. The

petitioner could not present himself before the Court for which non

bailable warrants were issued. An application was moved under

Section 70(2) of CrPC for converting non bailable warrants to

bailable warrants, which has been rejected by the learned Judicial

Magistrate, Shri Mahaveer Ji, Karauli vide his order dated

22.5.2018. Present petition has been preferred challenging the

same.

Learned counsel relies on the law laid down by this

Court as reported in 2004 (1) RCC 311 – Ashok Kumar Versus

State of Rajasthan.

Taking into consideration that the purpose of issuing

bailable / non bailable warrants during trial is to secure the

presence of an accused, who is not present on the particular day,

(2 of 2)

[CRLMP-3367/2018]

it is for the said reason that Section 70(2) CrPC has been laid

down. Trial courts ought to follow the provisions in their strict

sansu and avoid multiplicity of litigation. Once the accused

petitioner is present before it and has moved an application, there

was no occasion for the learned Magistrate to have rejected the

said application moreso when the offencese alleged against the

concerned accused petitioner were bailable.

Having observed, as above, the order dated 22.5.2018

passed by the learned Judicial Magistrate, Shri Mahaveer Ji,

District Karauli is quashed and set-aside. The non bailable

warrants issued against the petitioner are directed to be converted

as bailable warrants and the accused petitioner shall continue to

appear before the concerned Magistrate. Concerned Magistrate is

directed to complete the trial within the stipulated period as early

as possible but not more than six months.

Petition stands disposed of accordingly.

(SANJEEV PRAKASH SHARMA),VJ

DK