JUDGMENT 1. - A copy of petition has been supplied to the Public Prosecutor. At joint request, matter has been finally heard at admission stage. 2. Instant petition under Section 482 Cr.P.C. has been filed by accused against order dated 17.7.2007 whereby his application under Section 70(2) Cr.P.C. for conversion of warrant from non-bailable to bailable, was rejected by Judicial Magistrate Laxmangarh (Sikar) in Criminal Case No. 153/1997 (36/1997). 3. Altaf Hussain (complainant) lodged F.1.R. 235/1995 at Police Station Laxmangarh for offences under Sections 147, 452, 323 and 379, I.P.C. against eight accused persons. After investigation, police submitted challan only against three accused persons on 21.4.1997 against whom trial Magistrate took cognizance of offences under Sections 147, 323, 325 and 451, I.P.C., and investigation was kept pending under Section 173(8), Cr.P.C. against other co-accused (Shafi and Washid). 4. At this stage, complainant filed protest petition under Section 190 Cr.P.C. and after recording statements under Sections 200 and 202, Cr.P.C. and taking note whereof, learned Magistrate took cognizance of offences under Sections 147, 323, 325, 451, I.P.C. against three other co-accused including petitioner vide order dated 21.5.1997. 5. It appears from order sheets that earlier summons were issued and later on bailable warrants were issued for procuring presence of petitioner but as informed by Counsel, could not be served upon petitioner and at this stage, trial Magistrate issued non-bailable warrant to procure his presence. Immediately when this fact came to the knowledge of petitioner, he moved application for conversion of warrant from non-bailable to bailable under Section 70(2) Cr.P.C., which was dismissed vide order dated 27.7.2007 observing that after taking cognizance against him way back in the year 1997, almost nine years have rolled by, his presence could not have been procured nor petitioner has appeared since long back. 6. Counsel for petitioner submits that petitioner is a handicapped person and earning his livelihood at Mumbai for last so many years during which he never came across with the fact of having issued some summons or warrant against him by the Court for the alleged incident; and that apart being handicapped, he will appear before the trial Magistrate on any date as directed by this Court. 7. 7. Without examining controversy raised on merits, but in view of the fact that petitioner is a handicapped person against whom cognizance has been taken for alleged incident, and his presence is required to be procured, this Court considers it proper to direct him to appear on 19.11.2007 before Judicial Magistrate Laxmangarh (Sikar) in Criminal Case No. 153/1997 and shall furnish bail bonds as the trial Court may deem proper; and in the meantime, he shall not be arrested in execution of non-bailable warrant issued by Court below, and on failure to appear as directed (supra), the trial Court will be free to proceed further for procuring his attendance in accordance with law. 8. In the light of aforesaid direction, miscellaneous petition along with stay petition stands allowed and the order dated 17.7.2007 of trial Court is hereby set aside. 9. A copy of this order be sent to the trial Court for compliance.Petition allowed. *******