SUNIL GANGWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the order dated 22.02.2011 passed by the Judicial Magistrate No.1, South Kota, whereby the learned Magistrate has rejected the petitioner's application moved under Section 70(2) of Cr.P.C., the petitioner has approached this Court.

(2.) THE brief facts of the case are that a FIR was registered against the petitioner, and other co-accused persons, on 26.08.2010 for offences under Sections 406, 420 and 120B IPC. Subsequently, on 24.12.2010, the police had filed application under Section 37 of the Police Act for seeking the arrest warrant against the petitioner. THE learned Magistrate had passed an order issuing arrest warrant. Subsequently, the petitioner filed an application before the learned Magistrate under Section 70(2) of Cr.P.C., for converting the non-bailable warrant into bailable. However, vide order dated 22.02.2011, the learned Magistrate dismissed the said application. Hence, this petition before this Court.

(3.) THEREFORE, this Court directs that the non-bailable warrant are converted into bailable one and the petitioner is directed to appear before the learned trial Court on or before 28th March, 2011 and furnish bail bonds to the satisfaction of the learned trial Court.