ASHOK ALIAS ATTAR SINGH Vs. STATE

JUDGEMENT

(1.) By way of this criminal misc. petition filed under Section 482 of Cr.P.C. the accused petitioner has prayed to set aside the order dated 29th April, 2009 rendered by Additional Civil Judge (Jr.Div.) Jaipur city, Jaipur, whereby the learned trial Court dismissed the application filed by the accused petitioner under Section 70(2) of Cr.P.C wherein it was urged to convert the warrant of arrest into the bailable warrant.

(2.) Heard learned counsel for the petitioner and perused the impugned order dated 29th October, 2009.

(3.) Having . considered the submissions made by the learned counsel for the petitioner and carefully perused the impugned order, it is noticed that one criminal case in the offence under Section 16 read with section 54 of Rajasthan Excise Act was pending against the petitioner. The accused Ashok @ Attar Singh did not appear in the Court on 1st December, 2004, as a result of which the bail bonds of the accused were forfeited and warrant of arrest was issued against him. The accused submitted before the learned trial Court that he could not appear in the Court on account of the fact that his Advocate had made him to understand that his case had been decided by the Court. When he came to know about the issuance of warrant of arrest against him, he filed an application under Section 70 (2) of Cr.P.C. for converting the warrant of arrest, into bailable warrant.