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2017 DIGILAW 112 (RAJ)

Mohan Lal Agarwal S/o Shri Prahlad Ram v. State of Rajasthan Through P. P.

2017-01-10

MAHESH CHANDRA SHARMA

body2017
JUDGMENT / ORDER : 1. This Cr. Misc. Petition has been filed by the petitioner against the order dated 14/12/2016 passed by Metropolitan Magistrate No. 8, Jaipur Metropolitan, Jaipur in Case No. 787/2007, whereby the application filed by the petitioner under Section 70(2) CrPC has been dismissed. 2. Learned counsel for the petitioner has contended that the accused petitioner has been falsely been implicated in the matter and he is an innocent person. He could not inform by his advocate concerned therefore he could not appear before the court and resultantly his bail bonds were forfeited and non bailable warrants were issued against the petitioner. The petitioner moved the application u/s. 70(2) CrPC before the Court below, but the same has been dismissed. He has further contended that the petitioner is ready to deposit the fine, as imposed by this Court. In these circumstances, it has been prayed that the non-bailable warrant issued against the petitioner may be converted into bailable warrant. 3. The learned Public Prosecutor has opposed this prayer. 4. Keeping in view the facts and circumstances, this petition is disposed of with the following directions: (i) The impugned order is set-aside and it is directed that if the petitioner appears before the court concerned within 15 days from today and deposits Rs. 9000/- as fine with the court below at the time of furnishing the bail bonds, his non bailable warrant will be converted into bailable warrant and he shall be released on bail, provided he furnishes a personal bond of Rs.5,00,000/- with two sureties of Rs. 2,50,000/- each to the satisfaction of the trial court with the stipulation that he shall appear before that court on all subsequent dates of hearing and as and when called to do so, and shall not jump the bail in future. (ii) If the petitioner does not appear before the Court below within the stipulated period and does not deposit the fine, as indicated here-in-above, then this order passed by this Court will not come in the way of passing the fresh order by the court below.