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2004 DIGILAW 926 (RAJ)

Rajendra Kumar v. State of Rajasthan

2004-07-01

SUNIL KUMAR GARG

body2004
JUDGMENT 1. - Heard. 2. The only prayer made in this revision petition is that non-bailable warrant issued against the accused-petitioner be converted into bailable warrant. 3. It may be stated here that the accused-petitioner was facing trial for the offence under Sections 452 and 325 Indian Penal Code in the Court of Judicial Magistrate, First Class, Keshavrai Patan District Bundi and he did not appear in Court on 6.3.1995 and, therefore, his bail bonds were forfeited and non-bailable warrant was issued against him. Thereafter, the accused-petitioner moved an application for conversion of non-bailable warrant into bailable warrant, but the same was rejected by the learned Judicial Magistrate, First Class, Keshavrai Patan District Bundi through impugned order dated 26.5.2004. Hence, this revision petition. 4. I have heard the learned counsel for the accused-petitioner and the learned Public Prosecutor and gone through the entire materials available on record. 5. Looking to the entire facts and circumstances of the case, it is just and proper and now that one more opportunity be granted to the accused-petitioner and non-bailable warrant issued against the accused-petitioner be converted into bailable warrant. 6. Accordingly, this revision petition is allowed and the impugned order dated 26.5.2004 passed by the learned Judicial Magistrate, First Class, Keshavrai Patan District Bundi is quashed and set aside and the non-bailable warrant issued against the accused petitioner is converted into bailable warrant.Petition allowed. *******