Judgment R.S. Chauhan, J.-The petitioner has challenged order dated 08.09.1995 whereby non-bailable warrant has been issued against him and the order dated 21.09.2004 whereby his application under Section 70(2), CrPC has been rejected by the Additional Chief Judicial Magistrate, Railways, Jaipur City, Jaipur. 2. The brief facts of the case are that in 1982 one Kana had lodged a report against the petitioner for offence under Section 379, IPC. In 1983 a charge was also framed for the said offence against the petitioner. Initially, the petitioner continued to attend the trial till 1995 i.e., for a period of twelve years. However, as the petitioner was a poor boy, who had to make a living for his sheer survival, he left the place of trial to earn a living. He was assured by his Counsel that as and when his presence is required by the Court, he would be duly informed. However, the Counsel failed to inform him. Consequently, his bail bonds were forfeited by the Court. The petitioner filed an application under Section 70(2), CrPC, however, the same was dismissed vide order dated 21.09.2004. Hence, this petition before us. 3. Mr. Jai Raj Tantia, the learned Counsel for the petitioner has argued that the petitioner did not leave his residential place in order to escape the law, but only to earn a living. Moreover, the petitioner had religiously attended the trial for a period of twelve years. This clearly shows that the petitioner had no intention to run away from the law. Furthermore that the petitioner is willing to stand trial. Hence, he has prayed that the non-bailable warrant should be converted into bailable warrant. 4. On the other hand, Mr. Arun Sharma, learned Public Prosecutor has opposed the contentions raised by learned Counsel for the petitioner. 5. We have heard the learned Counsels for both the parties and perused the impugned order. 6. Considering the fact that the petitioner had attended the trial for over a decade, considering the fact that the petitioner is wanted only for a petty offence of theft, which is triable by a Magistrate, considering the fact that the petitioner is willing to stand trial, in the interest of justice, we convert the non-bailable warrant of arrest into bailable warrant, provided the petitioner submits a bail bond of Rs. 30,000/-and a personal surety of the same amount to the satisfaction of the trial Court on or before 30.01.2006. 7. With these observations, this petition is allowed.