SB Crlmp No.1996/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.PETITION NO.1996/2010. Mohd. Khursid Luhar Vs. State of Rajasthan & Anr. Date of Order : 29/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ J. Shri Ravikant Agrawal for the petitioner. Shri N.R. Saran, Public Prosecutor for State. ****** BY THE COURT:- This criminal misc.petition u/S.482 Cr.P.C. has been filed by the petitioner against the order dated 25/9/2009 passed by learned Additional Chief Judicial Magistrate No.8, Jaipur City, Jaipur whereby application filed by the petitioner u/Ss.70 (2) and 71 of the Code of Criminal Procedure, 1973 for converting arrest warrants into bailable warrants has been rejected as well as the order dated 15/7/2010 by which, aforesaid order of the trial court has been upheld. Contention of the learned counsel for petitioner is that offence alleged against the petitioner i.e. u/S.138 of the Negotiable Instruments Act, 1881 is bailable one. Petitioner was already granted bail but due to unavoidable family circumstances, he had to go to his in-laws' place because mother-in-law and father-in-law were taken seriously ill. There was no one to lookafter SB Crlmp No.1996/10. 2 them. Learned trial court and revisional court both have rejected the application observing that the actual date of death of his father-in-law and mother-in-law has not been given. It is contended that petitioner has immoveable properties at Jhotwara in Jaipur and that he himself is willing that the dispute is sorted out. Reliance has been placed on the judgment of of this Court in Kamlesh Sharma (Dr.) Vs. State of Rajasthan & Ors. : 2010(1) Cr.L.R. (Raj.) 848 & Sunil Khandelwal Vs. State of Rajasthan : 2010(1) Cr.L.R. (Raj.) 525. Learned Public Prosecutor has opposed the petition and has submitted that petitioner is not attending the trial court for last two years and therefore, he is not entitled for any leniency from this Court. Having regard to the fact that petitioner is ready and willing to face the trial on certain conditions and will regularly appear before the court, I deem it appropriate to issue direction for conversion of arrest warrants into bailable warrants. In the result, this criminal misc.petition u/S.482 Cr.P.C. is allowed. Impugned orders 25/9/2009 and 15/7/2010 are set-aside. Arrest warrants are converted into bailable warrants. Petitioner is directed to appear before the trial court, which court in its discretion, may require him to furnish bail bonds of bailable warrants and sureties to its satisfaction. On furnishing the SB Crlmp No.1996/10. 3 bonds, he shall be liable to be enlarged on bail as per the directions of the trial court. Petitioner is directed to regularly appear before the trial court as and when he is called upon do so by that court. (MOHAMMAD RAFIQ), J. anil