JUDGMENT 1. - This petition has been moved under section 482, Cr.P.C. with the submission that the accused petitioner is facing trial along with other co-accused persons in the Court of Addl. Civil Judge. (J.D.) and Judicial Magistrate, First Class, Nagaur for alleged commission of offences under sections 330 & 323, IPC. The accused-petitioner was required to appear before the Court on 21.4.1997 as well and, as further alleged, he moved an application on 21.4.1997 before the trial Court to exempt his personal appearance to appear before the Court, through his authorised Advocate. Since the petitioner, who was posted in the Police Station of Deedwana and the State Deputy Chief Minister was on visit to his area and, therefore, it was stated that since he was busy in connection with maintenance of law and order on the occasion of the visit of State VIP and, accordingly, the petition was so moved. 2. However, the learned trial Magistrate vide his order dated 21.4.1997, observing that there was no material in support of the contents of the petition moved on behalf of the petitioner and besides the petitioner was in the habit of abstaining on various dates of hearings and, as a result, the criminal case so pending against the petitioner and his accomplices has already been delayed a lot and, therefore, holding that there was no merit in the petition and the same was dismissed.The bail bonds were ordered to be forfeited under section 446, Cr.P.C. The accused-petitioner has been ordered to be warranted and produced in the Court under arrest and, as a result, the present petition has been moved. 3. The learned Public Prosecutor accepts notice on behalf of the State. 4. With the consent of both the parties, looking to the urgency of the fact that the said case is pending for last more than 16 years and, as a result, this petition is being-disposed of finally. 5. At present, the only contention before this Court as raised by the learned counsel for the petitioner is that the accused-petitioner was, admittedly, posted as Officer-in,charge of the Police Station, Deedwana on 21.4.1997 and he is still working on the same post. 5. At present, the only contention before this Court as raised by the learned counsel for the petitioner is that the accused-petitioner was, admittedly, posted as Officer-in,charge of the Police Station, Deedwana on 21.4.1997 and he is still working on the same post. Besides, his submission is that the State Deputy Chief Minister was on said visit to Deedwana and, as a result, as is quite natural and as is also expected of a responsible police officer posted as Officer-in-charge of the local Police Station, the petitioner could not have left the station to appear before the Court and specially when his presence was not necessitated before the Court on 21.4.1997. He has further submitted that the accused-petitioner, accordingly, informed the trial Court well within time to prove his bona fides and, as a result, while submitting a copy of the wireless message about the arrival and stay of the Deputy Chief Minister at Deedwana, he has submitted that there were reasonable grounds for non-appearance of the accused-petitioner and, as a result, there was hardly any justification for issuing warrant of arrest against the petitioner. In case the accused-petitioner is directed to appear before the lower Court, his apprehension is that he may not be released on bail and instead he may be committed to Judicial Custody which will result in great hardship to him and, therefore, it is submitted that accused-petitioner is ready and willing to appear before the trial Court and enter into fresh bail bonds to face the trial and, therefore, the impugned order be quashed thereby ordering the lower Court to recall the warrant of arrest issued against the accused-petitioner. 6. The learned Public Prosecutor has submitted that as and when not required by the exigencies of nature of duties, the accused-petitioner ought to appear before the trial Court. 7. In view of the above discussion, it is just and fair that the warrant of arrest issued against the accused-petitioner be ordered to be recalled and instead a bailable warrant be ordered to be issued, in case there is any need to. Besides, it is also ordered that in case the accused-petitioner appears before the trial Court on any working day in Court hours and furnishes bail bonds in the sums of Rs. 10,000/- each, without prejudice to the proceedings, if any, pending under section 446, Cr.P.C., the accused-petitioner shall be immediately released on bail. Besides, it is also ordered that in case the accused-petitioner appears before the trial Court on any working day in Court hours and furnishes bail bonds in the sums of Rs. 10,000/- each, without prejudice to the proceedings, if any, pending under section 446, Cr.P.C., the accused-petitioner shall be immediately released on bail. He shall further give an undertaking before the trial Court that he shall not remain absent from the Court on the date of the hearing without any valid and compelling reason in future without further prior notice to the trial Court. In case the petitioner fails to comply with this order within a fact night from to-day, the trial Magistrate shall be at liberty to proceed according to law.The Criminal Misc. Petition is disposed of in the above terms. Let a copy of this order be immediately despatched to the trial Court for information.Orders accordingly. *******