SB Crlmp No.1995/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.PETITION NO.1995/2010. Gopal Singh Vs. State of Rajasthan Date of order : 29/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ J Mrs. Suman Sharma for the petitioner. Shri N.R. Saran, Public Prosecutor for State. ****** This criminal misc.petition u/S.482 Cr.P.C. has been filed by the petitioner assailing the order dated 3/8/2010 passed in Criminal Case No.886/2001 by learned Additional Chief Judicial Magistrate, Mahwa, District Dausa by which, the application submitted by the petitioner under Section 70(2) Cr.P.C. with the prayer to convert arrest warrants into bailable warrants and allowing him to join the trial, has been rejected. Learned counsel for the petitioner has argued that since the petitioner is a Government servant and he was transferred elsewhere and at the relevant time remained posted away from the place of trial at Mahwa, District Dausa, therefore, he could not appear before the court. Learned Public Prosecutor has opposed the petition and submitted that the fact that petitioner is a Government servant is neither mentioned in the application u/S.70(2) Cr.P.C. nor SB Crlmp No.1995/10. 2 in the impugned-order. Even otherwise, petitioner has remained absent for more than fifteen years as such, he was required to surrender before the court below rather than applying for regular bail. Having regard to the fact that trial court was not informed about the fact that petitioner is a Government servant because this fact was neither stated in the application u/S.70 (2) Cr.P.C. nor orally argued before the Court, I deem it appropriate to interfere in the impugned- order. I deem it appropriate to grant one more opportunity to the petitioner to apply afresh before the Court along with proof of fact that he is a Government servant. If it is shown to the trial Court that petitioner is a Government servant, that court would properly exercise its discretion for converting arrest warrants into bailable warrants. If, however, petitioner fails to prove the aforesaid fact, petitioner should surrender before the court and apply for regular bail. This criminal misc.petition u/S.482 Cr.P.C. is disposed of with the aforesaid direction. (MOHAMMAD RAFIQ), J. anil SB Crlmp No.1995/10. 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.STAY APPLICATION No.1882/2010. in S.B. CRIMINAL MISC.PETITION NO.1995/2010. Gopal Singh Vs. State of Rajasthan Date of order : 29/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ J Mrs. Suman Sharma for applicant-petitioner. Shri N.R. Saran, Public Prosecutor for State. ****** Consequent upon disposal of the main petition, this stay application does not survive and the same is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil