KALU RAM @ RAM SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the impugned order. This Criminal Misc. Petition under section 482 Crimial P.C. arises out of the order dated 10.5.2002 passed by the learned Judicial Magistrate No. 4, Jaipur District, Jaipur whereby he dismissed the application filed by the petitioner under Sec. 70(2) and 71 Cr.RC.

(2.) On 31.7.2001 the Excise Inspector along with police personnel's raided the house of on Ram Chandra and recovered 4400 pouches of country made liquor and 72 Indian made foreign liquor. Ram Chandra was arrested, while the present petitioner alleged to have escaped from the seen. A charge sheet was submitted for offence under Sec. 19/54 of the Rajasthan Excise Act and petitioner was shown as absconder. The learned Magistrate issued standing non- bailable warrants against the accused petitioner. The petitioner submitted an application under Sections 70 and 71 prayed therein that the non- bailable warrants issued against the petitioner be converted into bailable warrants. The learned Magistrate dismissed the application of the petitioner vide its order impugned in this petition. Hence the present petition.

(3.) From a perusal of the impugned order, it appears that the learned Magistrate has dismissed the petitioners application without touching the merits of the case. In my considered view, the Judicial Magistrate has ample powers to reconsider the matters with respect to issue of non- bailable warrants. The Magistrate in his discretion under Sections 70 and 71 Cr.RC. has wide powers to convert the arrest warrants issued by him into bailable warrant on an application having been filed under Sections 70(2) or 71 of the Code. It is well settled that a Judicial Magistrate in exercise of powers under section 71 Cr.RC. can convert warrant of arrest into bailable warrant. Reference may be made to a decision of this court in Suresh Vs. State of Rajasthan (2000(2) RLR 501 ). In this case, this court while considering the question of interpretation of Sec. 71 Cr.RC. has held that the Magistrate in his discretion has wide powers to convert warrant of arrest into bailable warrants. In the case in hand, as stated above, the learned Magistrate has declined the prayer of the petitioner to convert the arrest warrant into bailable warrants solely on the ground that it has no jurisdiction to do so, without considering the merits of the case.