SURENDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing instant criminal misc. petition the Petitioner has challenged the order dated 21.7.2010 passed by Addl. Chief Judicial Magistrate No. 12, Jaipur City, Jaipur (for short 'the trial court') by which he rejected the application moved by the Petitioner under Section 70(2) Code of Criminal Procedure

(2.) Brief facts of the case are that an FIR was lodged against the Petitioner and four other persons at P.S. Moti Dungari for the offence Under Sections 147, 323 and 336 IPC on 30.7.1998. Thereafter, the police submitted charge-sheet under the aforesaid offences on 18.11.1998. On 24.3.2005 the trial Court forfeited the bail bonds of the Petitioner and issued arrest warrant against him. Thereafter, the Petitioner moved an application under Section 70(2) Code of Criminal Procedure which the trial Court dismissed the same vide order dated 21.7.2010.

(3.) Learned Counsel for the Petitioner submits that at the time of occurrence the Petitioner was a student and after that he started to work in a private firm at Delhi. He is suffering from Cardiac disease and for that purpose he has annexed with this petition the medical prescriptions. He submits that the Petitioner is neither a previous convicted person nor a habitual offender and he is a social person.