NANGA AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition under Sec. 482 Crimial P.C. has been filed for quashment of order of the trial court dated 24/7/2010 dismissing application submitted by the petitioner under Sec. 70(2) Crimial P.C. for converting arrest warrants into bailable warrants.

(2.) Contention of the learned counsel for petitioners is that while petitioner No.1 is aged 70 years, petitioner No.2 is 65 years old person. It is submitted that petitioner No.1 is patient of tuberculosis and petitioner No.2 is also suffering from certain ailments and due to their poor health, they could not timely attend the court proceedings although offence alleged under Sec. 447 Penal Code is bailable and they have already been granted bail. Learned trial court has now issued arrest warrants against them whereas, both the petitioners are willing to appear before the trial court to face the trial. Application submitted by the petitioner under Sec. 70(2) Crimial P.C. has been mechanically rejected.

(3.) Learned Public Prosecutor has opposed the petition.