PURAN @ PUNIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Petitioner has challenged the order dated 02.02.2011, passed by the Civil Judge (Junior Division) and Judicial Magistrate, Lalsot, District Dausa, whereby his application under Section 70(2) Code of Criminal Procedure has been rejected.

(2.) THE brief facts of the case are that in 1996, a FIR was registered against the Petitioner at Police Station Nangal Rajawatan, District Dausa for offence under Section 379 IPC and for offence under Section 39 of Electricity Act. From 1996 to 2000, the Petitioner religiously attended the court. However, in order to earn his livelihood, he left the State. Recently when he came back to his village, he was informed that non -bailable warrants were issued against him. He immediately moved an application under Section 70(2) Code of Criminal Procedure for converting the non -bailable warrants into a bailable one. However, vide order dated 02.02.2011, the learned Judge has rejected the application. Hence, this petition before this Court.

(3.) WITH these observations, the petition is, hereby, allowed.