RADHESHYAM MEHRWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner challenges the order dated 18.02.2020 whereby application moved by him under Section 70(2) Cr.P.C. was rejected by the trial Court.

(2.) Learned counsel for the petitioner submits that in the case of Inder Mohan Goswami & Anr. Versus State of Uttaranchal & Ors. reported in (2007) 12 SCC 1, the Supreme Court has observed that on the first instance, non-bailable warrants ought to have been issued by the concerned trial Court.

(3.) I have considered the submissions as above and find that in this case when cognizance was taken by the trial Court on 18.4.2003, the Court had issued non-bailable warrants, against which the petitioner had filed a revision petition before the Additional Sessions Judge No.2, Jaipur on 9.4.2005. The said revision petition was dismissed. Thereafter, the petitioner did not approach this Court under Section 482 Cr.P.C. to challenge the order dated 18.4.2003 and after 20 years, he has moved an application for conversion of non-bailable warrants to bailable warrants. Knowing fully well that there are non-bailable warrants issued by the Court below way back in the year 2003, he did not choose to surrender nor he moved a regular bail application and remained absconding. On account of the same, the Court below declared him absconder vide order dated 28.11.2018 and issued standing warrants. After that also, the petitioner did not move any regular bail application.