RISHIKESH & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Miscellaneous Petition under Sec. 482 Cr.RC. filed by accused Rishikesh and Gabbar Singh is directed against the order dated 2.4.2002 passed by Addl. Chief Judicial Magistrate, Dholpur.

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

(3.) It is contended on behalf of the petitioners that the accused petitioners i.e. Rishikesh and Gabbar Singh were on bail in a case pending before the lower court. It is also contended that petitioners could not attend the lower court on a fixed date, therefore, their bail bonds were forfeited and non-bailable warrant of arrest were issued. It is contended that their absence on the date before the lower court was not intentional one but due to the reason that they had go to there livelibeed in Guides so they could not attend the lower court. It is further contended that now the petitioners themselves want to fact the trial, therefore, they filed an application under Sec. 70(2) Cr.RC. before the lower court for converting warrant of arrest into bailable warrant. It is contended that the petitioners themselves want to face the trial, therefore, the lower court be directed to release the petitioners on bail.