SANWAR MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner is facing trial for offence under Sec. 307 Penal Code in Cr. Case No. 68/2003 and was on bail. Since he could not appear before the court on 17.6.2003, the learned Magistrate forfeited his bail bonds and issued warrant of arrest. The petitioner then moved an application under Sec. 70(2) Crimial P.C. for conversion of arrest warrant into bailable warrant on the ground that he met an accident in the month of May and therefore, he could not appear before the court on the aforesaid date.

(2.) It appears that the application of the petitioner dated 30.6.2003 for conversion of arrest warrant into bailable warrant remained pending for a period of one year and it was only on 16.10.2004, the learned Magistrate dismissed the said application without assigning any reason, despite the fact that counsel for the petitioner had submitted an application for exemption from personal appearance on 17.6.2003 on medical ground and he had also submitted medical certificate to that effect. The medical certificate produced on record as Annexure-1 also shows that he was sick during the period from 14.6.2003 to 20.6.2003. In this view of the matter, the impugned order passed by the trial court is patently illegal and cannot be sustained.

(3.) In the result, this petition is allowed. The impugned order dated 16.10.2004 passed by the trial court is set aside and the arrest warrant issued against the petitioner is converted into bailable warrant of Rs. 2000.00. The learned trial court directed to call back the arrest warrant and issue bailable warrant in the sum of Rs. 2000.00.