IQBAL SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties. The petitioner has been facing trial for offence under Sections 147 and 447, Indian Penal Code in the Court of Additional Chief Judicial Magistrate No. 1, Fatehpur from 1997 i.e. for last about 8 years.

(2.) It appears that prosecution evidence was complete on 17.1.2002 and the case was posted to 5.2.2002 for examination of the accused (including the petitioner) under Section 313, Criminal Procedure Code The petitioner could not appear before the Trial Court on 5.2.2002, and therefore, the Trial Court forfeited his bail bonds and issued arrest warrant. It appears that trial against co-accused persons was concluded and they have already been acquitted of the charges by the Trial Court vide its judgment and order dated 12.9.2002.

(3.) After forfeiture of his bail bonds, the petitioner appeared before the Trial Court and moved an application under Section 70(2), Criminal Procedure Code for conversion of arrest warrant into bailable warrant, but the application dismissed. The Revisional Court vide its order of 1.11.2004 directed the petitioner to appear before the Trial Court within 15.days and also directed the Trial Court to expedite trial of the case.