BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the order dated 16/8/2003 of the Judicial Magistrate, Shahpura (Jaipur) in Criminal Case No. 284/97 rejecting application under Sec. 70 (2), Cr.RC., for cancellation of standing warrant of arrest and instead of procuring attendance by issuing bailable warrants.

(2.) The petitioner is facing trial for offence under Sec. 37S Penal Code in the Court of Judicial Magistrate, Shahpura He was enlarged on bail, but the same has been cancelled as he did not attend the court on subsequent dates of hearing. The learned Magistrate has rejected the application for converting warrant of arrest into bailable warrant. The learned counsel for the petitioner states that the applicant shall surrender before the trial Court on or before the date fixed by this Court.

(3.) Considering the facts and circumstances of the case, it is directed that execution of arrest warrant issued against the petitioner Babulal Meena s/o Gopiram r/o Dudawas PS pragpura Jaipur shall remain stayed upto 17/11/03. The petitioner Babu Lal shall surrender before the trial Court on or before 17.11.2003. On surrender, the petitioner may move an application for bail and as he was on bail, he be released on bail on appropriate conditions in accordance with law. Further in such event i.e. on surrender, the warrant of arrest shall stand cancelled. In case, he fails to surrender on or before 17.11.03, the instant order shall stand cancelled and the warrant of arrest shall be executed against him. Accordingly, this misc. petition stands disposed of. Petition Allowed.