[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 2532/2006 INDER SINGH Vs. STATE OF RAJASTHAN Date: 12.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. V.S. Chouhan for the accused-petitioner. None present for the State. **** The instant criminal misc. petition is directed against the order dated 18.11.2006 passed by the Judicial Magistrate, First Class, Kathumar in Criminal Case No. 299/2000, by which the application filed by the petitioner under Section 70(2) Cr.P.C. for converting the arrest warrant into bailable warrant has been rejected. Learned counsel for the petitioner submits that the petitioner is a Govt. servant and as he was transferred from one place to another many times, therefore, he could not remain present before the Court concerned. Learned counsel for the petitioner also placed reliance on the judgment rendered by a co- ordinate Bench of this Court in Ramdev Singh Vs. State [2] of Rajasthan, 2007(1) R.C.C. 423. Having heard learned counsel for the petitioner and upon careful perusal of the order impugned dated 18.11.2006, it appears that on 21.02.2004 the petitioner failed to appear before the Court below, therefore, his bail bonds were forfeited and proceedings under Section 446 Cr.P.C. were initiated and he was summoned through arrest warrant and ultimately vide order dated 19.10.2004 he was declared absconder and standing arrest warrant was issued against the petitioner. As the trial of the case was pending since 2000, therefore, looking to the facts and circumstances of the case, the application filed by the petitioner under Section 70(2) Cr.P.C. for converting the arrest warrant into bailable warrant has been rejected by the Court below. Having considered the submission made on behalf of the petitioner that the petitioner is a Govt. servant and considering the facts and circumstances of the case, if the petitioner surrenders before the Court concerned and moves regular bail application, the Court below is expected to consider and decide the same on its merit, but at [3] this stage, this Court do not want to interfere in the order impugned. The judgment relied by the counsel for the petitioner is not applicable to the facts and circumstances of the present case. The criminal misc. petition stands disposed of in the terms as indicated herein above. (K.S. RATHORE)J. /KKC/