SACHIN GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed for quashing the order dated 06-03-2017 and non-bailable warrant passed by the learned 3rd Additional Sessions Judge, Jabalpur in Sessions Trial No. 54/17 whereby the application filed by the petitioner under Section 70(2) of Cr.P.C for cancellation of warrant issued by the trial court was rejected.

(2.) According to the learned counsel for the petitioner, the petitioner, the present petition raises the question whether it is a requirement under the law for the physical presence of the accused for a Court to consider his application for cancellation of non-bailable warrant.

(3.) The facts of the case according to the Ld. Counsel for the Petitioner is that he is an undertrial in a case in which he is stated to have missed appearing before the Ld. Trial Court on 22-02-2017 on which date, the learned trial court was pleased to cancel his bail bonds and issued a non-bailable warrant against him. The Petitioner moved an application under Section 70(2) Cr.P.C for the cancellation of the non-bailable warrant, in which he had explained that he had taken his wife for a medical procedure at the Asian Institute of Fertility at Indore on account of which, he could not remain present on 22-02-2017 and further submitted that his lawyer also could did not appear on that day. However, the Ld. Trial Court dismissed his application on account of which the Petitioner has approached this Court.