FARAZ HAMIDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under Section 482 Cr. P. C. is directed against the order of the learned Additional Chief Judicial Magistrate, Mavali dated 29. 11. 1989 where by the learned Magistrate has refused exemption from personal appearance of the accused on 29. 11. 1989, despite the fact that an appli-cation was moved by the counsel for the accused along with the telegram showing that as there was a curfew at Jaipur, therefore, the accused could not appear on 29. 11. 1989. But the learned Magistrate declined to exempt the personal appearance of the accused and forfeited the bail bonds and initiated the proceedings under Section 44 (5 Cr. P. C. Hence, the present petition.

(2.) I have heard learned counsel for the petitioner as well as the learned Public Prosecutor.