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2005 DIGILAW 155 (RAJ)

Mahesh Kumar v. State of Rajasthan

2005-01-18

K.C.SHARMA

body2005
Judgment K.C. Sharma, J.-Heard Counsel for the parties and perused the order sought to be challenged in this miscellaneous petition. 2. Petitioner Mahesh Kumar is facing trial for offence under Sections 279, 337 and 338 IPC pending in the Court of Additional Chief Judicial Magistrate No. 8, Jaipur City, Jaipur. He was on bail. Since the petitioner failed to appear in the Court for sufficiently long time, the trial Court ordered forfeiture of his bail bonds on 25.02.1999 and issued standing arrest warrant. It was in these circumstances that the petitioner moved an application under Sections 70(2), CrPC for conversion of arrest warrant into bailable warrant on the grounds enumerated in the application. The learned trial Court vide its order under challenge, dismissed the petitioner application. Hence, the present petition. 3. It appears from the order of the trial Court that there was no good ground for conversion of arrest warrant into bailable warrant and accordingly the trial Court dismissed the petitioners application. Undisputedly, the accused petitioner did not appear on any of the dates fixed by the trial Court. The only explanation offered by the petitioner for his non-appearance was that he was assured by his Counsel that he would be called as and when needed. In my view the trial Court has rightly rejected the petitioners application on the ground of there being no sufficient cause for coversion of arrest warrant into bailable warrant. In my considered view, it is not a fit case where standing warrant of arrest issued against the petitioner should be converted into bailable one. 4. Consequently, this petition under Section 482, CrPC has no merit and is accordingly dismissed, with the observations that if the petitioner surrendrs before the trial Court and submits an application for grant of bail, the same shall be considered and disposed of by the trial Court on the same day.