RAMAVTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MR. Kumbhat submits that no application for dispensing with the personal attendance of the petitioner was filed before the learned trial Magistrate on 25. 8. 92. The petitioner along with 62 others is facing trial for the offences under sections 147, 148, 353, 332, 435 & 337/149 I. P. C. and under section 3 Prevention of Damages to Public Property Act in the trial court. He was released on bail. However, on 25. 11. 1992 he remained absent and no application for exemption of his personal appearance was filed on his behalf. Accordingly the learned trial Judge by his impugned order dated 25. 11. 1992 forfeited his bail bonds and ordered for initiating proceedings against him under section 446 Cr. P. C. He also ordered for issuing non-bailable warrants for ensuring his arrest.

(2.) I do not find any illegality or impropriety in the impugned order which does not amount to abuse of the process for the court. Hence this petition filed under Section 482 Cr. P. C. stands dismissed. (3) However, keeping in view the fact that in this case 63 accused persons are facing trial and many accused persons have still not put their appearance in the court, in the interest of justice the learned trial Magistrate is directed to call the accused by issuing a bailable warrants instead of issuing non- bailable warrants. Petitioner Ramavtar may also appear before the learned trial Magistrate within fifteen days. .