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2009 DIGILAW 945 (RAJ)

Harsh Rathore v. State of Rajasthan

2009-04-02

MAHESH CHANDRA SHARMA

body2009
JUDGMENT Mahesh Chandra Sharma, J. - This revision petition has been filed against the order dated 10.11.2008 passed by the Special Judge (Sati Niwaran) and Additional Sessions Judge, Jaipur by which he has rejected the application filed by the accused-petitioner under Section 70(2) of Cr.P.C.2. Without going into the merits of the case, Mr. M.K. Kaushik learned counsel appearing on behalf of petitioner submitted that his client is 65 years old and he is ready to appear before the trial Court and the accused-petitioner is a retired Professor from the Law College, Jaipur. He is not a habitual offender. He belongs to the respected family. Arrest warrant issued against him may be converted into the bailable warrant.3. Mr. Anurag Kulshreslitha, learned counsel for non-petitioner No. 2 has opposed the arguments advanced by the counsel for the petitioner and made prayer to this Court that if the arrest warrant of the accused-petitioner is converted into bailable warrant, in such circumstances, the matter should be decided within a period of three months, if possible.4. For these reasons, I set aside the order dated 10.11.2008 passed by the Special Judge (Sati Niwaran) and Additional Sessions Judge, Jaipur and direct the petitioner to appear before the trial Court and to submit his personal bond of Rs. 25,000/- with two sureties of the like amount to the satisfaction of the trial Court within a period of one month from the date of receipt of a certified copy of this order. In case, the petitioner fails to appear within the aforesaid period then the trial Court is free to issue non-bailable warrant against him. The trial Court is also directed to expedite the trial and conclude the same, if possible, within a period of three months.Consequently, this revision petition is disposed of with the aforesaid directions.Stay order5. Since the main revision petition stands disposed of, the stay application also stands disposed of. Revision petition disposed of. *******