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2018 DIGILAW 1363 (RAJ)

Suresh Chandra v. State of Rajasthan

2018-05-25

VIJAY BISHNOI

body2018
JUDGMENT Vijay Bishnoi, J. - This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed by the petitioner being aggrieved with the order dated 01.05.2018 passed by the Additional Sessions Judge No.1, Bhilwara (hereinafter to be referred as 'the appellate court') in Criminal Appeal No.13/2014, whereby the application preferred on behalf of the petitioner under Section 70(2) Cr.P.C., 1973 has been dismissed. 2. The petitioner was convicted for the offence punishable under Section 138 Negotiable Instruments Act by the trial court against which, he has preferred an appeal before the appellate court, which is pending consideration. 3. It appears that on 21.11.2014, the petitioner did not appear before the appellate court, therefore, the appellate court cancelled his bail while forfeiting his bail bonds and summoned him through warrant of arrest. Pursuant to the warrant of arrest, the petitioner was arrested on 18.06.2015, however, later on, he was released on bail by the appellate court on 26.06.2015. On 27.11.2015, the petitioner again failed to appear before the appellate court and the appellate court while cancelling the bail of the petitioner forfeited his bail bonds and summoned him through warrant of arrest. 4. Thereafter, the petitioner moved an application under Section 70(2) Cr.P.C., 1973 before the appellate court on 27.04.2018 for cancellation of the warrant of arrest, however, the same has been dismissed by the appellate court vide impugned order dated 01.05.2018. 5. The petitioner, present in person, has submitted that on account of his illness and as he went outside of Bhilwara to earn his livelihood, he could not appear before the appellate court on 27.11.2015. It is also submitted by the petitioner that in future, he would not remain absent before the appellate court without any sufficient cause. The petitioner undertakes to pay a cost of Rs. 5,000/- to the complainant also. 6. Having heard the petitioner-self and having gone through the impugned order passed by the appellate court, I don't find any illegality in the same because the petitioner failed to appear before the appellate court without showing any sufficient cause, however, in the interest of justice, one last opportunity is granted to the petitioner to appear before the appellate court on 28.05.2018 provided he deposits a cost of Rs. 5,000/- in the appellate court. 7. 5,000/- in the appellate court. 7. It is made clear that if the petitioner fails to appear before the appellate court on 28.05.2018 and fails to deposit a cost of Rs. 5,000/- in it, no further opportunity will be granted to him. Till 28.05.2018, the warrant of arrest issued against the petitioner shall be kept in abeyance. 8. On his appearance, the petitioner will be free to move fresh bail application before the appellate court and the appellate court is excepted to decide the same on the very day. 9. The cost of Rs. 5,000/-, so deposited by the petitioner, be disbursed to the complainant or his counsel. 10. With these observations, this criminal misc. petition is disposed of. Stay petition also stands disposed of.